Jersey Judgment

Chvetsov v BNP Paribas [2009] JLR 217 (19 June 2009)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

An agent of a trustee owes no trust or other duties to the beneficiaries, who have no cause of action against the agent unless the agent is aware that the beneficiaries have acted to their detriment on negligent advice or has assumed responsibility. If the trustee refuses to enforce a claim against a defaulting agent, beneficiaries may seek court directions for the trustee to take action or, in certain cases, bring a derivative action.

Court disposition

claim dismissed

02

Material facts

Parties

Chvetsov

Beneficiary

BNP Paribas

Agent of Trustee

03

Procedural history

  1. Posture

    Civil / Judgment

04

Questions and positions

Legal issues

Party arguments

Applicant
The beneficiary argued that the agent appointed by the trustee owed duties to the beneficiaries and that the beneficiaries could bring a claim directly against the agent for breach of those duties.
Respondent
The agent contended that it owed only contractual (and possibly tortious) duties to the trustee, not to the beneficiaries, and that the beneficiaries had no direct cause of action against it.

05

Court’s reasoning

  1. 01

    Jersey trust law

    An agent appointed by a trustee to hold trust property owes only contractual (and possibly tortious) duties to the trustee, not to the beneficiaries.

  2. 02

    Jersey trust law

    Beneficiaries have no direct cause of action against the agent unless the agent is aware that the beneficiaries have acted to their detriment on negligent advice or has assumed responsibility to them.

06

Ratio, limits and disposition

Ratio decidendi

An agent of a trustee owes no trust or other duties to the beneficiaries, who have no cause of action against the agent unless the agent is aware that the beneficiaries have acted to their detriment on negligent advice or has assumed responsibility. If the trustee refuses to enforce a claim against a defaulting agent, beneficiaries may seek court directions for the trustee to take action or, in certain cases, bring a derivative action.

Obiter and limits

  • Beneficiaries may seek court directions that the trustee take action against a defaulting agent or, in certain cases, bring a derivative action.

Court disposition

claim dismissed

Source and reliance status

Official court record

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Judgment text

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Source document

Court record

Judgment

[2009] JLR 217

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BAILII >> Databases >> Jersey Law Reports >> Chvetsov v BNP Paribas [2009] JLR 217 (19 June 2009) URL: https://www.bailii.org/je/cases/JLR/2009/JLR090217.html Cite as: [2009] JLR 217 [ New search ] [ Help ] Chvetsov v BNP Paribas 2009 JLR 217 (19 June 2009) Trusts-beneficiaries-action against agent of trustee-agent appointed by trustee to hold trust property owes only contractual (and possibly tortious) duties to trustee-no trust (or other) duties to beneficiaries, who have no cause of action against it (unless agent aware beneficiaries acted to detriment on negligent advice or assumes responsibility)-if trustee refuses to enforce claim against defaulting agent, beneficiaries may (a) seek court directions that trustee take action; or (b) in certain cases, bring derivative action 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: 2009 JLR 217 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2009/JLR090217.html

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