Jersey Judgment

Clore v Stype Trustees [1984] JLR 13 (03 April 1984)

Trusts Trustee Indemnity Costs Court Directions

Citation: [1984] JLR 13
Status: Judgment
Jurisdiction: Jersey
Posture: Trusts / Application for Directions

More details

Posture: Trusts / Application for Directions

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Professional case brief

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Source document

Holding and result

Trustees are entitled to full indemnity from trust funds against costs incurred in properly propounding the trust and seeking court directions, provided their application is not dilatory.

Court disposition

Application granted

Orders

Trustees to have full indemnity from trust funds for costs incurred

Material facts

Parties

Clore

Applicant

Stype Trustees

Respondent

Procedural history

Posture

Trusts / Application for Directions

Questions and positions

Legal issues

Whether trustees are entitled to full indemnity from trust funds for costs incurred in propounding the trust and seeking court directions

Party arguments

Applicant: Trustees sought confirmation of their entitlement to indemnity from trust funds for costs incurred in litigation concerning the trust.
Respondent: No contrary argument recorded.

Court’s reasoning

Legal principles

01
[1984] JLR 13

It is proper for trustees to propound the trust and apply to the court for directions as to the future conduct of litigation concerning the trust, provided the application is not dilatory.

Ratio, limits and disposition

Ratio decidendi

Trustees are entitled to full indemnity from trust funds against costs incurred in properly propounding the trust and seeking court directions, provided their application is not dilatory.

Court disposition

Application granted

Trustees to have full indemnity from trust funds for costs incurred

Source and reliance status

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Judgment text

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Court record

Judgment

[1984] JLR 13

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