1998/30A - Stacho v Barclays Private Bank and Lord [1998] UR 30A (10 February 1998)

1998/30A - Stacho v Barclays Private Bank and Lord [1998] UR 30A (10 February 1998)

The plaintiff, as a discretionary beneficiary, is not entitled to disclosure of documents relating to trustees' deliberations, motives, or communications except for legal advice on the exercise of powers, unless bona fides are impugned in an action seeking wider remedies. Jersey courts are bound to follow English law principles governing the trust.

Citation
[1998] UR 30A
Parties
Plaintiff: Dorothy Anna-Maria Stacho (also known as Dorika Stacho); First Defendant: Barclays Private Bank and Trust Limited; Second Defendant: Clive Anthony Lord
Jurisdiction
Jersey
Judgment Date
10 February 1998
Procedural Posture
Application to Strike Out / Ruling on Strike Out Application
Outcome
Application to strike out granted in part
Legal Topics
Disclosure of Trust Documents, Discretionary Trusts, Strike Out Applications
Trust Law Civil Procedure Disclosure of Trust Documents Discretionary Trusts Strike Out Applications

Case Brief

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Parties

Dorothy Anna-Maria Stacho (also known as Dorika Stacho)

Plaintiff

Barclays Private Bank and Trust Limited

First Defendant

Clive Anthony Lord

Second Defendant

Procedural Posture

Application to Strike Out / Ruling on Strike Out Application

Legal Issues

  1. 1 Whether a beneficiary of a discretionary trust is entitled to disclosure of certain categories of documents from trustees
  2. 2 Whether allegations of mala fides entitle a beneficiary to wider discovery
  3. 3 Whether Jersey law provides a wider remedy than English law for disclosure of trust documents

Ratio Decidendi

The plaintiff, as a discretionary beneficiary, is not entitled to disclosure of documents relating to trustees' deliberations, motives, or communications except for legal advice on the exercise of powers, unless bona fides are impugned in an action seeking wider remedies. Jersey courts are bound to follow English law principles governing the trust.

Court Disposition

Application to strike out granted in part

Orders

  • Striking out references in I(ii) to agendas
  • Striking out sub-paragraph (a) of I(iii)