Judge and Judge v CSC Trustee 2 (Jersey) Limited [2024] JRC 233 (04 November 2024)

Judge and Judge v CSC Trustee 2 (Jersey) Limited [2024] JRC 233 (04 November 2024)

The amendments do not introduce a new cause of action but provide further particulars of an existing claim regarding breach of fiduciary duty in relation to the power to add beneficiaries. It is not plain and obvious that the amended claims are prescribed or hopeless. Permission to amend is granted.

Citation
[2024] JRC 233
Parties
Plaintiff: Christopher Paul Judge; Plaintiff: Michael James Judge; Defendant: [Defendant Trustee Entity]
Jurisdiction
Jersey
Judgment Date
04 November 2024
Procedural Posture
Trust Dispute / Application to Amend Pleadings / Interlocutory Application for Leave to Amend Order of Justice
Outcome
Application granted
Legal Topics
Amendment of Pleadings, Trustee Duties, Fiduciary Powers, Prescription/limitation Periods, Standing/locus Standi
Trusts and Estates Civil Procedure Amendment of Pleadings Trustee Duties Fiduciary Powers Prescription/limitation Periods Standing/locus Standi

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Parties

Christopher Paul Judge

Plaintiff

Michael James Judge

Plaintiff

[Defendant Trustee Entity]

Defendant

Procedural Posture

Trust Dispute / Application to Amend Pleadings / Interlocutory Application for Leave to Amend Order of Justice

Legal Issues

  1. 1 Whether plaintiffs may amend their Order of Justice to clarify claims regarding breach of fiduciary duty versus breach of trust
  2. 2 Whether the proposed amendments introduce a new cause of action
  3. 3 Whether the amended claims are prescribed under Jersey or Guernsey law

Ratio Decidendi

The amendments do not introduce a new cause of action but provide further particulars of an existing claim regarding breach of fiduciary duty in relation to the power to add beneficiaries. It is not plain and obvious that the amended claims are prescribed or hopeless. Permission to amend is granted.

Court Disposition

Application granted

Orders

  • Plaintiffs granted leave to amend the Order of Justice in terms of the draft Amended Order of Justice
  • Plaintiffs to pay the Defendant's reasonable costs of and occasioned by the amendment, to be taxed if not agreed