Walker, Walker, B and Delarose Trustee Ltd -v- Egerton-Vernon, Walker Representatives Ltd, Chown and Hawksford Trust Company [2014] JRC 025 (24 January 2014)

Walker, Walker, B and Delarose Trustee Ltd -v- Egerton-Vernon, Walker Representatives Ltd, Chown and Hawksford Trust Company [2014] JRC 025 (24 January 2014)

Delarose cannot rely on empêchement d'agir for periods before its incorporation; joinder as plaintiff against PEV and MC is refused due to prescription. Joinder as plaintiff against WRL is allowed. Hawksford's application to strike out claims is dismissed; contractual/tortious claims are arguable as WRL's claims are assets of the Settlement enforceable by plaintiffs.

Citation
[2014] JRC 025
Parties
Fourth Plaintiff: Delarose Trustees Limited; First Defendant: Paul Egerton-Vernon; Second Defendant: Walker Representatives Limited; Third Defendant: Mark Chown; Fourth Defendant: Hawksford Trust Company Jersey Limited
Jurisdiction
Jersey
Judgment Date
24 January 2014
Procedural Posture
Civil Trust Litigation / Ruling on Procedural Applications
Outcome
Delarose's application for joinder as plaintiff against WRL allowed; against PEV and MC refused. Hawksford's strike out application dismissed.
Legal Topics
Joinder of Parties, Strike Out Applications, Prescription, Empêchement D'agir, Breach of Trust, Vicarious Liability, Contractual and Tortious Liability
Trusts Civil Procedure Joinder of Parties Strike Out Applications Prescription Empêchement D'agir Breach of Trust Vicarious Liability +1 more

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Parties

Delarose Trustees Limited

Fourth Plaintiff

Paul Egerton-Vernon

First Defendant

Walker Representatives Limited

Second Defendant

Mark Chown

Third Defendant

Hawksford Trust Company Jersey Limited

Fourth Defendant

Procedural Posture

Civil Trust Litigation / Ruling on Procedural Applications

Legal Issues

  1. 1 Whether Delarose Trustees Limited can be joined as plaintiff to claims against PEV, WRL, and MC
  2. 2 Whether Hawksford's application to strike out claims should be granted
  3. 3 Whether Delarose can defeat prescription defence via empêchement d'agir

Ratio Decidendi

Delarose cannot rely on empêchement d'agir for periods before its incorporation; joinder as plaintiff against PEV and MC is refused due to prescription. Joinder as plaintiff against WRL is allowed. Hawksford's application to strike out claims is dismissed; contractual/tortious claims are arguable as WRL's claims are assets of the Settlement enforceable by plaintiffs.

Court Disposition

Delarose's application for joinder as plaintiff against WRL allowed; against PEV and MC refused. Hawksford's strike out application dismissed.

Orders

  • Delarose joined as plaintiff against WRL; re-re-amendment of Order of Justice allowed in that respect.
  • Delarose not joined as plaintiff against PEV and MC; re-re-amendment disallowed for them.