Jersey Judgment

Landau v Anburn Trustees Ltd. [2007] JLR 250 (18 April 2007)

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Source document

01

Holding and result

A trustee acting neutrally is entitled to full indemnity out of the trust for all reasonable expenses, including legal costs, without the need for an express order or taxation; if the reasonableness of the claim is in doubt, the court may refer it for assessment of reasonableness.

Court disposition

Trustee entitled to indemnity for reasonable legal costs from the trust fund.

Orders

  • No express order for indemnity required
  • If reasonableness of costs is in doubt, refer to Greffier for assessment

02

Material facts

Parties

Landau

Applicant

Anburn Trustees Ltd.

Respondent

03

Procedural history

  1. Posture

    Trusts / Costs Determination

04

Questions and positions

Legal issues

Party arguments

Applicant
Applicant challenged the reasonableness of the trustee's claim for indemnity of legal costs from the trust fund.
Respondent
Respondent trustee asserted entitlement to full indemnity out of the trust for all reasonable expenses, including legal costs, when acting neutrally.

05

Court’s reasoning

  1. 01

    Jersey trust law/common law

    A trustee is normally entitled to full indemnity out of the trust for all reasonable expenses, including legal costs, if acting neutrally.

  2. 02

    Jersey trust law/common law

    No express order is required and there is no question of taxation for such indemnity.

  3. 03

    Jersey trust law/common law

    If there is real concern that the claim is unreasonable, the court may submit it to the Greffier for assessment of reasonableness, not taxation.

06

Ratio, limits and disposition

Ratio decidendi

A trustee acting neutrally is entitled to full indemnity out of the trust for all reasonable expenses, including legal costs, without the need for an express order or taxation; if the reasonableness of the claim is in doubt, the court may refer it for assessment of reasonableness.

Court disposition

Trustee entitled to indemnity for reasonable legal costs from the trust fund.

  • No express order for indemnity required
  • If reasonableness of costs is in doubt, refer to Greffier for assessment

Source and reliance status

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Judgment text

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Source document

Court record

Judgment

[2007] JLR 250

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BAILII >> Databases >> Jersey Law Reports >> Landau v Anburn Trustees Ltd. [2007] JLR 250 (18 April 2007) URL: https://www.bailii.org/je/cases/JLR/2007/JLR070250.html Cite as: [2007] JLR 250 [ New search ] [ Help ] Landau v Anburn Trustees Ltd. 2007 JLR 250 (18 April 2007) Trusts-costs-indemnity-trustee normally entitled to full indemnity out of trust for all reasonable expenses, including legal costs if neutral-no express order required and no question of taxation-if real concern that claim unreasonable, court may submit it to Greffier for "assessment" of reasonableness, not taxation 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: 2007 JLR 250 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2007/JLR070250.html

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