Representation of V Trustees Limited Re N Trust (Royal Court : Hearing (Civil) : Thompson : Costs) [2025] JRC 247 (6 October 2025)

Representation of V Trustees Limited Re N Trust (Royal Court : Hearing (Civil) : Thompson : Costs) [2025] JRC 247 (6 October 2025)

Leave to appeal is refused because the trustee's application does not demonstrate a realistic prospect of success; the Royal Court's exercise of discretion in the costs judgment was justified by serious failings of the trustee, including refusal to provide discovery, failure to consider relevant parties, and...

Source-derived case information.

Citation
[2025] JRC 247
Parties
Applicant: V Trustees Limited; Respondent: Mr A; Respondent: BB; Respondent: W; Interested Party: Mr D; Interested Party: Mrs C; Director: Mr Q; Interested Party: Mr E
Jurisdiction
Jersey
Judgment Date
06 October 2025
Procedural Posture
Application for Leave to Appeal (costs Judgment) / Post Judgment, Leave to Appeal Sought
Outcome
Leave to appeal refused
Legal Topics
Trustee Indemnity, Court Blessing of Trustee Decisions, Costs Orders, Leave to Appeal, Exercise of Discretion, Disclosure Obligations
Trusts Costs Appeals Trustee Indemnity Court Blessing of Trustee Decisions Costs Orders Leave to Appeal Exercise of Discretion +1 more

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Parties

V Trustees Limited

Applicant

Mr A

Respondent

BB

Respondent

W

Respondent

Mr D

Interested Party

Mrs C

Interested Party

Mr Q

Director

Mr E

Interested Party

Procedural Posture

Application for Leave to Appeal (costs Judgment) / Post Judgment, Leave to Appeal Sought

Legal Issues

  1. 1 Whether leave to appeal should be granted against a costs judgment where trustee failed in substantive application
  2. 2 Whether trustee's right to indemnity precludes costs sanctions for unreasonable conduct
  3. 3 Whether Royal Court erred in its exercise of discretion regarding costs

Ratio Decidendi

Leave to appeal is refused because the trustee's application does not demonstrate a realistic prospect of success; the Royal Court's exercise of discretion in the costs judgment was justified by serious failings of the trustee, including refusal to provide discovery, failure to consider relevant parties, and disregard of legal advice. The trustee's right to indemnity does not preclude costs sanctions for unreasonable conduct.

Court Disposition

Leave to appeal refused

Orders

  • Leave to appeal against costs judgment dated 7 August 2025 is refused.
  • No change to costs orders set out in Act of Court dated 7 August 2025.