Booth -v- Zenith Trust Company Limited [2014] JRC 231 (24 November 2014)

Booth -v- Zenith Trust Company Limited [2014] JRC 231 (24 November 2014)

None of the plaintiff's pleaded or argued matters amounted to an arguable case of fraud or dol; therefore, the exception to limitation under Article 57(1)(a) of the Trust (Jersey) Law 1984 did not apply, and the breach of trust claims were time barred and struck out.

Citation
[2014] JRC 231
Parties
Plaintiff: Plaintiff (Mr Booth); Defendant: Zenith Trust Company Limited
Jurisdiction
Jersey
Judgment Date
24 November 2014
Procedural Posture
Civil / Interlocutory (application to Strike Out)
Outcome
Plaintiff's claims for breach of trust struck out as time barred; directions for discovery given; claim for breach of contract remains for trial.
Legal Topics
Breach of Trust, Fraud Exception to Limitation, Limitation of Actions, Accounting, Misrepresentation, Discovery
Trust Law Contract Law Civil Procedure Breach of Trust Fraud Exception to Limitation Limitation of Actions Accounting Misrepresentation +1 more

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Parties

Plaintiff (Mr Booth)

Plaintiff

Zenith Trust Company Limited

Defendant

Procedural Posture

Civil / Interlocutory (application to Strike Out)

Legal Issues

  1. 1 Whether the plaintiff's claims for breach of trust are time barred under Article 57 of the Trust (Jersey) Law 1984
  2. 2 Whether the plaintiff has pleaded an arguable case of fraud or dol sufficient to invoke the exception in Article 57(1)(a)
  3. 3 Whether the plaintiff's claims in tort and negligence are time barred

Ratio Decidendi

None of the plaintiff's pleaded or argued matters amounted to an arguable case of fraud or dol; therefore, the exception to limitation under Article 57(1)(a) of the Trust (Jersey) Law 1984 did not apply, and the breach of trust claims were time barred and struck out.

Court Disposition

Plaintiff's claims for breach of trust struck out as time barred; directions for discovery given; claim for breach of contract remains for trial.

Orders

  • Striking out of breach of trust claims in the order of justice
  • Directions for discovery of relevant bank accounts