Representation of H [2009] JRC 158 (12 August 2009)

Representation of H [2009] JRC 158 (12 August 2009)

Mr Arthur, as outgoing trustee, failed to comply with his duty to provide full and prompt disclosure of trust information to the incoming trustee, justifying a mandatory order for disclosure and an order for indemnity costs against him.

Citation
[2009] JRC 158
Parties
Settlor: DH; Outgoing Trustee: Mr Richard Arthur; Incoming Trustee: Church Street Trustees Limited
Jurisdiction
Jersey
Judgment Date
12 August 2009
Procedural Posture
Representation (trust Law) / Application for Disclosure and Costs Order
Outcome
Application granted
Legal Topics
Trustee Duties, Disclosure of Trust Documents, Costs (indemnity)
Trusts Equity Trustee Duties Disclosure of Trust Documents Costs (indemnity)

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Parties

DH

Settlor

Mr Richard Arthur

Outgoing Trustee

Church Street Trustees Limited

Incoming Trustee

Procedural Posture

Representation (trust Law) / Application for Disclosure and Costs Order

Legal Issues

  1. 1 Whether the outgoing trustee must provide full disclosure of trust information to the incoming trustee
  2. 2 Whether indemnity costs should be awarded against the outgoing trustee for failure to comply with trustee duties

Ratio Decidendi

Mr Arthur, as outgoing trustee, failed to comply with his duty to provide full and prompt disclosure of trust information to the incoming trustee, justifying a mandatory order for disclosure and an order for indemnity costs against him.

Court Disposition

Application granted

Orders

  • Mr Arthur must produce the specified trust information within 14 days of service, on pain of contempt.
  • The order must be served on Mr Arthur personally by the Viscount's Department.