Berry and ors v BT Trustees and ors [2000] JRC 179 (11 September 2000)
The application for a preliminary issue trial is refused because the relevant facts are disputed or unsettled, the preliminary issue would not be decisive for all parties, and further delay is unacceptable; all issues should be tried together at the earliest opportunity.
- Citation
- [2000] JRC 179
- Parties
- Plaintiff: Plaintiffs; Defendant: First Defendant; Defendant: Second Defendant; Defendant: Third Defendant
- Jurisdiction
- Jersey
- Judgment Date
- 11 September 2000
- Procedural Posture
- Civil / Application for Preliminary Issue Trial
- Outcome
- application refused
- Legal Topics
- Preliminary Issues, Trustee Liability, Interpretation of Article 28 Trusts (jersey) Law 1984, Governing Law of Contract
Case Brief
Summary, issues, holding and outcome
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Parties
Plaintiffs
Plaintiff
First Defendant
Defendant
Second Defendant
Defendant
Third Defendant
Defendant
Procedural Posture
Civil / Application for Preliminary Issue Trial
Legal Issues
- 1 Whether Article 28(1) of the Trusts (Jersey) Law 1984 protects the First and/or Second Defendants against claims under an English law contract
- 2 If so, on what date is the 'trust property' to be ascertained for Article 28(1) purposes
Ratio Decidendi
The application for a preliminary issue trial is refused because the relevant facts are disputed or unsettled, the preliminary issue would not be decisive for all parties, and further delay is unacceptable; all issues should be tried together at the earliest opportunity.
Court Disposition
application refused
Orders
- Application for trial of preliminary issue refused.
Full Case Text
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