Jersey Judgment

Robertson v Lazard Trust [1994] JLR 103 (09 March 1994)

Trust Law Action En Nullite Limitation of Actions Trust Property Recovery

Citation: [1994] JLR 103
Status: Judgment
Jurisdiction: Jersey
Posture: Civil / Judgment

More details

Posture: Civil / Judgment

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Professional case brief

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Source document

Holding and result

A third party's action for a declaration that a trust is invalid is not an imprescriptible action to recover trust property from the trustee under Trusts (Jersey) Law 1984, art. 53(1)(b), because until such a declaration is made, there is no established right to the trust property.

Court disposition

application dismissed

Material facts

Parties

Robertson

Applicant

Lazard Trust

Respondent

Procedural history

Posture

Civil / Judgment

Questions and positions

Legal issues

Whether a third party's action for a declaration that a trust is invalid is imprescriptible under Trusts (Jersey) Law 1984, art. 53(1)(b)

Party arguments

Applicant: The applicant argued that the action for a declaration that the trust is invalid is imprescriptible as it is an action to recover trust property from the trustee under Trusts (Jersey) Law 1984, art. 53(1)(b).
Respondent: The respondent contended that until a declaration of invalidity is made, there is no established right to the trust property, and therefore the action is not imprescriptible under the cited provision.

Court’s reasoning

Legal principles

01
Trusts (Jersey) Law 1984, art. 53(1)(b)

An action for a declaration that a trust is invalid is not an imprescriptible action to recover trust property from the trustee under Trusts (Jersey) Law 1984, art. 53(1)(b).

Ratio, limits and disposition

Ratio decidendi

A third party's action for a declaration that a trust is invalid is not an imprescriptible action to recover trust property from the trustee under Trusts (Jersey) Law 1984, art. 53(1)(b), because until such a declaration is made, there is no established right to the trust property.

Court disposition

application dismissed

Source and reliance status

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Judgment text

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Source document

Court record

Judgment

[1994] JLR 103

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BAILII >> Databases >> Jersey Law Reports >> Robertson v Lazard Trust [1994] JLR 103 (09 March 1994) URL: https://www.bailii.org/je/cases/JLR/1994/JLR940103.html Cite as: [1994] JLR 103 [ New search ] [ Help ] Robertson v Lazard Trust 1994 JLR 103 (09 March 1994) Trusts - action en nullite - limitation of actions - third party's action for declaration that trust invalid not imprescriptable action "to recover from the trustee trust property" under Trusts (Jersey) Law 1984, art. 53(1)(b)-until declaration made, no established right to trust property The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 1994 JLR 103 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1994/JLR940103.html

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Trusts (Jersey) Law 1984, art. 53(1)(b)

Legislation

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