Landau v Anburn Trustees Ltd. [2007] JLR 250 (18 April 2007)
- Citation
- [2007] JLR 250
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Trusts / Costs Determination
More details
- Posture
- Trusts / Costs Determination
On this page
Professional case brief
Research organized from the available case record
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
ApplicantAnburn Trustees Ltd.
Respondent03
Procedural history
Posture
Trusts / Costs Determination
04
Questions and positions
Legal issues
- 01
Whether a trustee is entitled to full indemnity out of the trust for reasonable expenses including legal costs when acting neutrally
- 02
Whether an express order or taxation is required for such indemnity
- 03
Procedure if there is concern about the reasonableness of the claim
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
Legal principles
- 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.
- 02
Jersey trust law/common law
No express order is required and there is no question of taxation for such indemnity.
- 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
Official court record
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Judgment reading view
Judgment text
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Court record
Judgment
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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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