In re HHH Employee Trust v [2012] 2 JLR 64 (28 June 2012)

In re HHH Employee Trust v [2012] 2 JLR 64 (28 June 2012)

A settlor/employer with fiduciary powers under an employee benefit trust is a person having connection with the trust and subject to the court's jurisdiction; beneficiaries may seek disclosure from such fiduciaries only regarding information held in connection with their fiduciary duties.

Citation
[2012] 2 JLR 64
Parties
Applicant: HHH Employee Trust
Jurisdiction
Jersey
Judgment Date
28 June 2012
Procedural Posture
Trust Application / Judgment
Outcome
application granted in part
Legal Topics
Employee Benefit Trusts, Fiduciary Powers, Disclosure of Information
Trust Law Employee Benefit Trusts Fiduciary Powers Disclosure of Information

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Parties

HHH Employee Trust

Applicant

Procedural Posture

Trust Application / Judgment

Legal Issues

  1. 1 Whether a settlor/employer with fiduciary powers under an employee benefit trust is a 'person having connection with the trust' under Trusts (Jersey) Law 1984, art. 51(2)(a)(iii)
  2. 2 Whether the court has jurisdiction over fiduciaries other than trustees
  3. 3 Whether beneficiaries are entitled to seek disclosure from fiduciaries other than trustees

Ratio Decidendi

A settlor/employer with fiduciary powers under an employee benefit trust is a person having connection with the trust and subject to the court's jurisdiction; beneficiaries may seek disclosure from such fiduciaries only regarding information held in connection with their fiduciary duties.

Court Disposition

application granted in part

Orders

  • Court affirms jurisdiction over fiduciaries with connection to the trust under Trusts (Jersey) Law 1984, art. 51(2)(a)(iii).
  • Beneficiaries may seek disclosure from fiduciaries only regarding information held in connection with their fiduciary duties.