In re Broere Trust v [2003] JLR 509 (10 September 2003)
- Citation
- [2003] JLR 509
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Trust Application for Directions / Application to Convene Parties
More details
- Posture
- Trust Application for Directions / Application to Convene Parties
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court's decision on convening parties in trust proceedings depends on the party's connection to the trust, the likelihood of orders affecting them, and their status as necessary or proper parties under the relevant statutory and procedural rules.
Court disposition
Application for directions regarding convening parties considered.
02
Material facts
Parties
Broere Trust
Applicant03
Procedural history
Posture
Trust Application for Directions / Application to Convene Parties
04
Questions and positions
Legal issues
Whether a party should be convened in trust proceedings under Trusts (Jersey) Law 1984, art. 47(2)(a)(iii) and Royal Court Rules, r.6/29(b)
Party arguments
- Applicant
- The applicant seeks directions from the court regarding which parties should be convened in the trust proceedings, considering their connection to the trust and the necessity or propriety of their involvement.
- Respondent
- No respondent arguments are available from the provided text.
05
Court’s reasoning
Legal principles
- 01
Trusts (Jersey) Law 1984, art. 47(2)(a)(iii); Royal Court Rules, r.6/29(b)
The court must consider (a) whether the party to be convened has a sufficient connection with the trust under Trusts (Jersey) Law 1984, art. 47(2)(a)(iii); (b) whether, even if there is a sufficient connection, it is likely to make an order concerning the party; and (c) whether the party is a necessary or proper party under either limb of Royal Court Rules, r.6/29(b).
06
Ratio, limits and disposition
Ratio decidendi
The court's decision on convening parties in trust proceedings depends on the party's connection to the trust, the likelihood of orders affecting them, and their status as necessary or proper parties under the relevant statutory and procedural rules.
Court disposition
Application for directions regarding convening parties considered.
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 Broere Trust v [2003] JLR 509 (10 September 2003) URL: https://www.bailii.org/je/cases/JLR/2003/JLR030509.html Cite as: [2003] JLR 509 [ New search ] [ Help ] In re Broere Trust v 2003 JLR 509 (10 September 2003) Trusts-beneficiaries-application for directions-parties to be convened-court to consider (a) whether party to be convened has sufficient connection with trust under Trusts (Jersey) Law 1984, art. 47(2)(a)(iii); (b) whether, even if sufficient connection, likely to make order concerning party; and (c) whether necessary or proper party under either limb of Royal Court Rules, r.6/29(b) 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: 2003 JLR 509 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2003/JLR030509.html
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