In re A Ltd. v [2013] 1 JLR 305 (17 April 2013)
- Citation
- [2013] 1 JLR 305
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Civil / Interlocutory
More details
- Posture
- Civil / Interlocutory
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
A foundation may properly adopt a neutral stance in litigation over its assets under specified conditions, provided it complies with discovery obligations.
Court disposition
Foundation permitted to adopt neutral role in litigation.
Orders
- Foundation must comply with discovery obligations.
02
Material facts
Parties
A Ltd.
FoundationPlaintiff
ClaimantBeneficiary
Beneficiary03
Procedural history
Posture
Civil / Interlocutory
04
Questions and positions
Legal issues
Whether a foundation should adopt a neutral role in litigation concerning claims to its assets
Party arguments
- Applicant
- The foundation is unaware of the details of the donation of assets or the merits of the plaintiff's claim, there is no allegation of wrongdoing, the foundation cannot fund an active defence, the beneficiary is best placed to defend, and the foundation's active participation is unnecessary for the issues to be fully argued.
- Respondent
- Not specified in the extract.
05
Court’s reasoning
Legal principles
- 01
2013 (1) JLR 305
A foundation may adopt a neutral role in litigation concerning claims to its assets if it is unaware of the details of the donation or merits of the claim, there is no allegation of wrongdoing, it cannot fund an active defence, the beneficiary is best able to defend, and its active participation is unnecessary for the issues to be fully argued, but it must comply with discovery obligations.
06
Ratio, limits and disposition
Ratio decidendi
A foundation may properly adopt a neutral stance in litigation over its assets under specified conditions, provided it complies with discovery obligations.
Court disposition
Foundation permitted to adopt neutral role in litigation.
- Foundation must comply with discovery obligations.
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 >> In re A Ltd. v [2013] 1 JLR 305 (17 April 2013) URL: https://www.bailii.org/je/cases/JLR/2013/JLR131305.html Cite as: [2013] 1 JLR 305 [ New search ] [ Help ] In re A Ltd. v 2013 (1) JLR 305 (17 April 2013) Foundations-legal proceedings-role of foundation-appropriate for foundation to adopt neutral role in litigation concerning claim to assets if (a) unaware of details of donation of assets to foundation or of merits of plaintiff's claim to them; (b) no allegation of wrongdoing by foundation, council members or guardian; (c) foundation unable to fund active defence; (d) beneficiary best able to do so; and (e) foundation's active participation unnecessary for relevant issues to be fully argued (although must comply with discovery) 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: 2013 (1) JLR 305 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2013/JLR131305.html
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