Taylor -v- ffrench [2008] JRC 096 (16 June 2008)

Taylor -v- ffrench [2008] JRC 096 (16 June 2008)

There was no evidence of an agreement for deferred payment of fees after 1995; the arrangement was a profit sharing agreement. The defendant wrongfully retained $449,948, and the counterclaim for fees is dismissed.

Citation
[2008] JRC 096
Parties
Plaintiff: Richard Taylor; Defendant: Ian James ffrench
Jurisdiction
Jersey
Judgment Date
16 June 2008
Procedural Posture
Civil / Final Judgment
Outcome
judgment for plaintiff
Legal Topics
Bare Trust, Profit Sharing Agreement, Fee Dispute, Illegality in Trust
Trusts Probate Contract Bare Trust Profit Sharing Agreement Fee Dispute Illegality in Trust

Case Brief

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Parties

Richard Taylor

Plaintiff

Ian James ffrench

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether the defendant was entitled to retain $449,948 in fees from the estate
  2. 2 Whether a profit sharing agreement existed between Mr Mitchell and the defendant
  3. 3 Whether the defendant's claim for deferred fees was valid

Ratio Decidendi

There was no evidence of an agreement for deferred payment of fees after 1995; the arrangement was a profit sharing agreement. The defendant wrongfully retained $449,948, and the counterclaim for fees is dismissed.

Court Disposition

judgment for plaintiff

Orders

  • Counterclaim dismissed
  • Judgment for plaintiff in the sum of $449,948