B v D and Ors (Matrimonial) [2023] JRC 029 (17 February 2023)

The court approved the mediated settlement, finding it in the Petitioner's best interests, sanctioned the trustee's momentous decision, and clarified the tests for blessing delegate and trustee decisions under Jersey law.

Citation: [2023] JRC 029
Parties: Applicant: Petitioner; Respondent: Respondent; Third Party: Trustee; Intervenor: E; Intervenor: F; Intervenor: J; Intervenor: T; Intervenor: W; Delegate: C
Jurisdiction: Jersey
Judgment Date: 17 February 2023
Procedural Posture: Matrimonial/ancillary Relief/trust/capacity / Final Judgment Following Settlement and Blessing Applications
Outcome: settlement approved; trustee's decision blessed; delegate's decision sanctioned
Legal Topics: Ancillary Relief, Trustee Blessing Applications, Delegate Powers, Best Interests Decisions, Momentous Trustee Decisions

Family Law Trust Law Capacity Law Ancillary Relief Trustee Blessing Applications Delegate Powers Best Interests Decisions Momentous Trustee Decisions

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2 Amounts and remedies 1

Parties

Petitioner

Applicant

Respondent

Trustee

Third Party

Intervenor

Delegate

Procedural Posture

Matrimonial/ancillary Relief/trust/capacity / Final Judgment Following Settlement and Blessing Applications

Legal Issues

1 Whether the delegate can settle proceedings without court consent
2 Appropriate test for court blessing of delegate and trustee decisions
3 Whether the settlement is in the best interests of the Petitioner

Ratio Decidendi

Court Disposition

settlement approved; trustee's decision blessed; delegate's decision sanctioned

Orders

Consent order for ancillary relief approved
Trustee's application for blessing granted