Hinduja v Ocorian Trust (Isle of Man) Limited and Ors re Acorn Trust (Royal Court : Hearing (Civil) : Bailhache, W : Trust) [2026] JRC 014 (13 January 2026)

Hinduja v Ocorian Trust (Isle of Man) Limited and Ors re Acorn Trust (Royal Court : Hearing (Civil) : Bailhache, W : Trust) [2026] JRC 014 (13 January 2026)

The Court determined the precise formulation of the preliminary issue for Phase 1 trial, limiting discovery to matters relevant to that issue, and set out detailed protocols and timelines for disclosure. The Court supported, in principle, applications to the Court of Protection for the release of documents for use in Jersey proceedings, subject to privilege, and clarified that the Representor's and Trustee's arguments were preserved for trial.

Citation
[2026] JRC 014
Parties
Applicant: Representor; Respondent: First Respondent (Trustee); Respondents: Third to Seventh Respondents; Respondent: Eighth Respondent; Respondent: Fifth Respondent; Respondent: Ninth Respondent
Jurisdiction
Jersey
Judgment Date
13 January 2026
Procedural Posture
Trust Litigation (directions Application) / Interlocutory (directions on Preliminary Issue and Discovery Protocols)
Outcome
Directions granted as set out in the judgment.
Legal Topics
Interpretation of Trust Deed, Preliminary Issues, Discovery Protocols, Hindu Joint Family Law, Privilege and Disclosure, Court of Protection Liaison
Trusts Private International Law Interpretation of Trust Deed Preliminary Issues Discovery Protocols Hindu Joint Family Law Privilege and Disclosure Court of Protection Liaison

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Parties

Representor

Applicant

First Respondent (Trustee)

Respondent

Third to Seventh Respondents

Respondents

Eighth Respondent

Respondent

Fifth Respondent

Respondent

Ninth Respondent

Respondent

Procedural Posture

Trust Litigation (directions Application) / Interlocutory (directions on Preliminary Issue and Discovery Protocols)

Legal Issues

  1. 1 Formulation of the preliminary issue regarding the Acorn Trust and the relevance of the Joint Hindu family and J14 agreement
  2. 2 Scope of discovery/disclosure for Phase 1 trial
  3. 3 Whether documents from the Court of Protection can be used in Jersey proceedings

Ratio Decidendi

The Court determined the precise formulation of the preliminary issue for Phase 1 trial, limiting discovery to matters relevant to that issue, and set out detailed protocols and timelines for disclosure. The Court supported, in principle, applications to the Court of Protection for the release of documents for use in Jersey proceedings, subject to privilege, and clarified that the Representor's and Trustee's arguments were preserved for trial.

Court Disposition

Directions granted as set out in the judgment.

Orders

  • Preliminary issue for Phase 1 trial formulated as specified in paragraph 8.
  • Discovery protocols limited to documents relevant to the preliminary issue; specific paragraphs of pleadings excluded from Phase 1 discovery.