Representation of Saffery Champness Trust Corp [2005] JRC 052 (21 April 2005)

Representation of Saffery Champness Trust Corp [2005] JRC 052 (21 April 2005)

A genuine mistake was made in the drafting of the Deed of Appointment and Deeds of Variation, full and frank disclosure was provided, and no other practical remedy existed. The court exercised its discretion to rectify the documents as sought by the Trustee.

Citation
[2005] JRC 052
Parties
Applicant: Saffery Champness Trust Corporation; Guardian Ad Litem for Minor and Unascertained Beneficiaries: Advocate Preston
Jurisdiction
Jersey
Judgment Date
21 April 2005
Procedural Posture
Application for Rectification of Trust Deeds / Judgment
Outcome
application granted
Legal Topics
Rectification of Trust Deeds, Mistake in Legal Documents, Open Justice Vs Confidentiality
Trusts Private Law Rectification of Trust Deeds Mistake in Legal Documents Open Justice Vs Confidentiality

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Parties

Saffery Champness Trust Corporation

Applicant

Advocate Preston

Guardian Ad Litem for Minor and Unascertained Beneficiaries

Procedural Posture

Application for Rectification of Trust Deeds / Judgment

Legal Issues

  1. 1 Whether the Deed of Appointment and Deeds of Variation should be rectified due to mistakes by professional advisers
  2. 2 Whether the principle of open justice requires the court to sit in public
  3. 3 Whether the interests of beneficiaries are adequately protected

Ratio Decidendi

A genuine mistake was made in the drafting of the Deed of Appointment and Deeds of Variation, full and frank disclosure was provided, and no other practical remedy existed. The court exercised its discretion to rectify the documents as sought by the Trustee.

Court Disposition

application granted

Orders

  • Rectification of the Jersey appointment as set out in the First Schedule to the Representation
  • Rectification of the First and Fourth Deeds of Variation as set out in the Second Schedule to the Representation