Sharlane Perczynski -v- Andrzej Percsynski, Warren Trustees Limited, Elysium Trustees Limited and Gollop [2005] JRC 084 (16 June 2005)

The amended representation is sufficiently clear to proceed, and the appeal against strike out is allowed. Costs are ordered against the representor due to procedural failings, but not personally against the lawyers, as the court cannot know the full background regarding the fraud allegations.

Citation: [2005] JRC 084
Parties: Applicant: Representor (wife); Applicant's Lawyers: Voisin and Co; Respondent: Trustee
Jurisdiction: Jersey
Judgment Date: 16 June 2005
Procedural Posture: Appeal / Post Strike Out, Appellate Review
Outcome: Appeal allowed
Legal Topics: Pleading Fraud, Procedural Requirements for Attacking Trusts, Costs Orders

Civil Procedure Trusts Pleading Fraud Procedural Requirements for Attacking Trusts Costs Orders

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2

Parties

Representor (wife)

Applicant

Voisin and Co

Applicant's Lawyers

Trustee

Respondent

Procedural Posture

Appeal / Post Strike Out, Appellate Review

Legal Issues

1 Whether proceedings attacking the validity of a trust must be brought by order of justice rather than representation
2 Whether allegations of fraud were adequately particularised
3 Whether costs should be ordered against the applicant's lawyers

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

Leave granted to file amended representation
Standard costs ordered against the representor for hearing below and in this Court