Publicis Graphics -v- Assad [2011] JRC 099 (16 May 2011)

Publicis Graphics -v- Assad [2011] JRC 099 (16 May 2011)

Mr Assad breached his duties as trustee by failing to act as directed and allowing personal interests to conflict with trustee obligations. The breaches were flagrant and inexcusable, justifying indemnity costs.

Citation
[2011] JRC 099
Parties
Representor: Rep of Publicis Graphics; Respondent: Mr Assad
Jurisdiction
Jersey
Judgment Date
16 May 2011
Procedural Posture
Representation / Costs Order Following Ex Parte Orders
Outcome
Costs awarded against Mr Assad on an indemnity basis.
Legal Topics
Trustee Duties, Conflict of Interest, Costs on Indemnity Basis, Ex Parte Applications
Trust Law Company Law Civil Procedure Trustee Duties Conflict of Interest Costs on Indemnity Basis Ex Parte Applications

Case Brief

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Parties

Rep of Publicis Graphics

Representor

Mr Assad

Respondent

Procedural Posture

Representation / Costs Order Following Ex Parte Orders

Legal Issues

  1. 1 Whether the Representor failed to disclose material documents
  2. 2 Whether Mr Assad breached his duties as trustee
  3. 3 Whether costs should be awarded on an indemnity basis

Ratio Decidendi

Mr Assad breached his duties as trustee by failing to act as directed and allowing personal interests to conflict with trustee obligations. The breaches were flagrant and inexcusable, justifying indemnity costs.

Court Disposition

Costs awarded against Mr Assad on an indemnity basis.

Orders

  • Mr Assad to pay the Representor's costs of and incidental to the representation on an indemnity basis.