Abacus (C.I.) Ltd. v Hirschfield [2001] JLR 530 (17 September 2001)
- Citation
- [2001] JLR 530
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Application for Directions / Judgment
More details
- Posture
- Application for Directions / Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court may accept a trustee's surrender of discretion when there is good reason, including the relevance of ongoing litigation, and must then exercise that discretion in the best interests of the trust and beneficiaries as if it were the trustee.
Court disposition
Court accepted the trustee's surrender of discretion and undertook to exercise it.
Orders
- Court to exercise discretion in best interests of trust and beneficiaries
02
Material facts
Parties
Abacus (C. I.) Ltd.
TrusteeHirschfield
Beneficiary03
Procedural history
Posture
Application for Directions / Judgment
04
Questions and positions
Legal issues
- 01
Whether the court may accept a trustee's surrender of discretion
- 02
What considerations guide the court in exercising discretion surrendered by a trustee
Party arguments
- Applicant
- The trustee seeks the court's directions and surrenders its discretion due to relevant ongoing litigation.
- Respondent
- The beneficiary's position is not detailed in the summary.
05
Court’s reasoning
Legal principles
- 01
Jersey trust law
Court may accept trustee's surrender of discretion if there is good reason, such as the outcome of litigation currently before the court.
- 02
Jersey trust law
Court must exercise discretion in the best interests of the trust and beneficiaries as if it were the trustee.
06
Ratio, limits and disposition
Ratio decidendi
The court may accept a trustee's surrender of discretion when there is good reason, including the relevance of ongoing litigation, and must then exercise that discretion in the best interests of the trust and beneficiaries as if it were the trustee.
Court disposition
Court accepted the trustee's surrender of discretion and undertook to exercise it.
- Court to exercise discretion in best interests of trust and beneficiaries
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
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Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> Abacus (C. I.) Ltd. v Hirschfield [2001] JLR 530 (17 September 2001) URL: https://www.bailii.org/je/cases/JLR/2001/JLR010530.html Cite as: [2001] JLR 530 [ New search ] [ Help ] Abacus (C. I.) Ltd. v Hirschfield 2001 JLR 530 (17 September 2001) Trusts-powers and duties of trustees-application for directions-court may accept trustee's surrender of discretion if good reason, e.g. outcome of litigation currently before court relevant consideration in exercise of discretion-court to exercise discretion in best interest of trust and bene ficiaries as if trustee The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2001 JLR 530 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2001/JLR010530.html
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