Representation of Oak Trustees (Jersey) Limited re X Trust (Royal Court : Hearing (Civil) : Thompson : Costs) [2026] JRC 090 (1 April 2026)
C and D acted unreasonably from 1 October 2024 by resisting the Trustee's blessing application after all concerns had been considered and addressed; therefore, they are ordered to pay the Trustee's and other beneficiaries' costs from that date. Prior costs are to be paid from the trust fund and respective shares per the Heads of Terms. Judgments are to be published with redactions to protect confidential information and identities, and detailed tax advice is not to be disclosed in Country 1 proceedings.
- Citation
- [2026] JRC 090
- Parties
- Trustee: Oak Trustees (Jersey) Limited; Beneficiary: A; Beneficiary: B; Beneficiary: C; Beneficiary: D
- Jurisdiction
- Jersey
- Judgment Date
- 01 April 2026
- Procedural Posture
- Representation (trustee Directions and Blessing Application) / Post Substantive Judgment; Costs and Publication Orders
- Outcome
- Costs order: C and D to pay Trustee's and beneficiaries' costs from 1 October 2024; prior costs per Heads of Terms. Judgment to be published with redactions; detailed tax advice not to be disclosed in Country 1 proceedings.
- Legal Topics
- Trustee Indemnity, Beneficiary Costs, Blessing Applications, Confidentiality and Publication, Cross Jurisdictional Proceedings
Case Brief
Summary, issues, holding and outcome
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Parties
Oak Trustees (Jersey) Limited
Trustee
A
Beneficiary
B
Beneficiary
C
Beneficiary
D
Beneficiary
Procedural Posture
Representation (trustee Directions and Blessing Application) / Post Substantive Judgment; Costs and Publication Orders
Legal Issues
- 1 Whether costs should be paid out of the trust fund or by specific beneficiaries
- 2 Whether beneficiaries' conduct warrants adverse costs orders
- 3 How judgments should be redacted and referred to in foreign proceedings
Ratio Decidendi
C and D acted unreasonably from 1 October 2024 by resisting the Trustee's blessing application after all concerns had been considered and addressed; therefore, they are ordered to pay the Trustee's and other beneficiaries' costs from that date. Prior costs are to be paid from the trust fund and respective shares per the Heads of Terms. Judgments are to be published with redactions to protect confidential information and identities, and detailed tax advice is not to be disclosed in Country 1 proceedings.
Court Disposition
Costs order: C and D to pay Trustee's and beneficiaries' costs from 1 October 2024; prior costs per Heads of Terms. Judgment to be published with redactions; detailed tax advice not to be disclosed in Country 1 proceedings.
Orders
- C and D to pay Trustee's and beneficiaries' costs from 1 October 2024 on the standard basis.
- Trustee's costs prior to 1 October 2024 to be paid out before any distribution; each family line's costs from their share.
Full Case Text
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