Chvetsov v BNP Paribas [2009] JLR 217 (19 June 2009)
- Citation
- [2009] JLR 217
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Civil / Judgment
More details
- Posture
- Civil / Judgment
On this page
Professional case brief
Research organized from the available case record
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
BeneficiaryBNP Paribas
Agent of Trustee03
Procedural history
Posture
Civil / Judgment
04
Questions and positions
Legal issues
- 01
Whether an agent appointed by a trustee owes duties to the beneficiaries of the trust
- 02
Whether beneficiaries have a cause of action against the agent of a trustee
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
Legal principles
- 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.
- 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
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
The complete available source text.
Court record
Judgment
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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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