Representation of C re P Trust (Royal Court : Hearing (Civil) : Thompson : Trust) [2025] JRC 200 (1 August 2025)

Representation of C re P Trust (Royal Court : Hearing (Civil) : Thompson : Trust) [2025] JRC 200 (1 August 2025)

The court has jurisdiction to order discovery in support of third party costs applications and, given the conflicting evidence and unresolved questions about F's role, funding, and control, discovery is necessary and proportionate to enable a fair determination of whether a third party costs order should be made.

Citation
[2025] JRC 200
Parties
Applicant: Fenlight Trustees Limited; Applicant: D; First Third Party: F; Second Third Party: Company 10; Representor: C (deceased); Other: Company 2 (Trustee of N Trust)
Jurisdiction
Jersey
Judgment Date
01 August 2025
Procedural Posture
Third Party Costs Application in Trust Litigation / Interlocutory Directions and Discovery Prior to Determination of Third Party Costs Order
Outcome
Directions issued for discovery and disclosure in support of third party costs applications; no final determination on costs order at this stage.
Legal Topics
Third Party Costs Orders, Discovery and Disclosure, Control and Funding of Litigation, Trustee Beneficiary Disputes
Trusts Civil Procedure Costs Third Party Costs Orders Discovery and Disclosure Control and Funding of Litigation Trustee Beneficiary Disputes

Case Brief

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Parties

Fenlight Trustees Limited

Applicant

D

Applicant

F

First Third Party

Company 10

Second Third Party

C (deceased)

Representor

Company 2 (Trustee of N Trust)

Other

Procedural Posture

Third Party Costs Application in Trust Litigation / Interlocutory Directions and Discovery Prior to Determination of Third Party Costs Order

Legal Issues

  1. 1 Whether the court should order discovery in support of third party costs applications against F and Company 10
  2. 2 Whether F and/or Company 10 funded, directed or controlled the proceedings for their own benefit or with an ulterior motive
  3. 3 Whether the threshold for a third party costs order is met in the circumstances

Ratio Decidendi

The court has jurisdiction to order discovery in support of third party costs applications and, given the conflicting evidence and unresolved questions about F's role, funding, and control, discovery is necessary and proportionate to enable a fair determination of whether a third party costs order should be made.

Court Disposition

Directions issued for discovery and disclosure in support of third party costs applications; no final determination on costs order at this stage.

Orders

  • Signature Litigation to provide information on costs incurred, payments received, and instructions given, as previously ordered for other firms.
  • Representor to provide discovery of communications relating to the litigation between F, E, C, and O, including access to C's devices if possible.