A Settlement [2010] JRC 085 (04 May 2010)

A Settlement [2010] JRC 085 (04 May 2010)

The Court has jurisdiction under Article 51 of the Trusts (Jersey) Law 1984 to order disclosure from the D directors, as they are connected with the trust and the information is necessary for the fair administration and division of trust assets. The interests of justice and the supervisory role of the Court require such disclosure, especially where the directors have submitted to the Court's jurisdiction and the trustee is otherwise entitled to the information through corporate structures. The Court declines to require unnecessary litigation and costs where disclosure is inevitable and necessary for a just resolution.

Citation
[2010] JRC 085
Parties
Applicant: RBC; First Respondents: D beneficiaries (G, H, I, K, F); Third Respondents: B beneficiaries (R, S, U, P); Fourth Respondents: C beneficiaries (L, T, L's children)
Jurisdiction
Jersey
Judgment Date
04 May 2010
Procedural Posture
Trust Administration Application / Post Mediation Review and Directions
Outcome
Disclosure order granted
Legal Topics
Trustee Powers, Disclosure Orders, Beneficiary Rights, Trust Asset Division, Court Supervision of Trusts
Trust Law Trustee Powers Disclosure Orders Beneficiary Rights Trust Asset Division Court Supervision of Trusts

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Parties

RBC

Applicant

D beneficiaries (G, H, I, K, F)

First Respondents

B beneficiaries (R, S, U, P)

Third Respondents

C beneficiaries (L, T, L's children)

Fourth Respondents

Procedural Posture

Trust Administration Application / Post Mediation Review and Directions

Legal Issues

  1. 1 Whether the Court should order disclosure of information from the D directors under Article 51 of the Trusts (Jersey) Law 1984
  2. 2 Whether such disclosure is necessary for the fair separation of trust assets among beneficiaries
  3. 3 Whether the Court's jurisdiction extends to ordering disclosure from directors of companies connected to the trust

Ratio Decidendi

The Court has jurisdiction under Article 51 of the Trusts (Jersey) Law 1984 to order disclosure from the D directors, as they are connected with the trust and the information is necessary for the fair administration and division of trust assets. The interests of justice and the supervisory role of the Court require such disclosure, especially where the directors have submitted to the Court's jurisdiction and the trustee is otherwise entitled to the information through corporate structures. The Court declines to require unnecessary litigation and costs where disclosure is inevitable and necessary for a just resolution.

Court Disposition

Disclosure order granted

Orders

  • D directors to provide disclosure as set out in paragraph 26 of the 25th November 2009 judgment, extended to 2009, within 28 days of the order.
  • Mr Cadin to prepare a draft order for consideration by the Court and parties.