Representation re Dunlop Settlement [2011] JRC 138 (14 July 2011)

Capita Trustees Limited, as the continuing trustee, is entitled to all documents relating to the trust, including those seized from Mr Arthur by the JFCU, and Mr Arthur's unreasonable failure to provide consent justifies an order for indemnity costs against him.

Citation: [2011] JRC 138
Parties: Applicant: Capita Trustees Limited; Respondent: Mr Richard Arthur; Third Party: Jersey Financial Crimes Unit (JFCU)
Jurisdiction: Jersey
Judgment Date: 14 July 2011
Procedural Posture: Trustee Application / Judgment on Application for Delivery of Documents and Costs
Outcome: application granted
Legal Topics: Trustee Duties, Document Disclosure, Costs Orders

Trust Law Company Law Trustee Duties Document Disclosure Costs Orders

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Parties

Capita Trustees Limited

Applicant

Mr Richard Arthur

Respondent

Jersey Financial Crimes Unit (JFCU)

Third Party

Procedural Posture

Trustee Application / Judgment on Application for Delivery of Documents and Costs

Legal Issues

1 Whether Capita Trustees Limited is entitled to documents relating to the Dunlop Settlement trust seized from Mr Arthur by the JFCU
2 Whether an order for indemnity costs should be made against Mr Arthur

Ratio Decidendi

Court Disposition

application granted

Orders

JFCU to deliver up to Capita Trustees Limited copies of all non-privileged documents seized from Mr Arthur relating to the Dunlop Settlement trust
Mr Arthur to pay indemnity costs to Capita Trustees Limited