Heinrichs -v- Pantrust and Others [2016] JRC 106A (16 June 2016)

Heinrichs -v- Pantrust and Others [2016] JRC 106A (16 June 2016)

Both the 1977 and 1984 deeds constitute Jersey trusts and the Court has supervisory jurisdiction over them. Jersey is clearly the most appropriate forum for trust issues, including trustee removal and asset transfer. Relief relating to loan claims affecting third parties falls outside the Court's jurisdiction and is struck out.

Citation
[2016] JRC 106A
Parties
Respondents: First to Third Respondents; Applicants: Representors; Proposed Trustee: Fourth Respondent
Jurisdiction
Jersey
Judgment Date
16 June 2016
Procedural Posture
Trust Representation / Application to Set Aside Leave to Serve Out of Jurisdiction
Outcome
Application to set aside leave refused; jurisdiction over loan claims declined; amendments to representation allowed except for loan claims.
Legal Topics
Jurisdiction, Service Out of Jurisdiction, Forum Conveniens, Trustee Removal, Proper Law of Trust, Sham Trust Allegations
Trust Law Private International Law Jurisdiction Service Out of Jurisdiction Forum Conveniens Trustee Removal Proper Law of Trust Sham Trust Allegations

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 11 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

First to Third Respondents

Respondents

Representors

Applicants

Fourth Respondent

Proposed Trustee

Procedural Posture

Trust Representation / Application to Set Aside Leave to Serve Out of Jurisdiction

Legal Issues

  1. 1 Whether Jersey is clearly the most appropriate forum for the hearing of the representation
  2. 2 Whether the trusts created by the 1977 and 1984 deeds are valid Jersey trusts
  3. 3 Whether the Court should exercise supervisory jurisdiction over the trusts

Ratio Decidendi

Both the 1977 and 1984 deeds constitute Jersey trusts and the Court has supervisory jurisdiction over them. Jersey is clearly the most appropriate forum for trust issues, including trustee removal and asset transfer. Relief relating to loan claims affecting third parties falls outside the Court's jurisdiction and is struck out.

Court Disposition

Application to set aside leave refused; jurisdiction over loan claims declined; amendments to representation allowed except for loan claims.

Orders

  • Application to set aside leave to serve out of jurisdiction refused.
  • Relief relating to loan claims (paragraph 5(h)) struck out.