Mrs C -v- RBC, Trilogy and YT [2013] JRC 016 (24 January 2013)

Mrs C -v- RBC, Trilogy and YT [2013] JRC 016 (24 January 2013)

The representor does not have a sufficient legal interest or functional connection to the Charitable Foundation or sub-trusts to justify being joined or heard in the Beddoes application, especially given adequate representation by existing parties and case management constraints.

Citation
[2013] JRC 016
Parties
Applicant: YT Charitable Foundation (International) Limited; First Respondent: Trilogy; Second Respondent: RBC; Guardian of Sub Trust: LC; Guardian of Sub Trust: CC; Guardian of Sub Trust: PC; Guardian of Sub Trust: AC; Guardian of Sub Trust: VC; Guardian of Sub Trust: JC; Guardian of Sub Trust: MC; Guardian of Sub Trust: MWHC; Applicant to Be Joined/intervenor: The Representor (widow of settlor)
Jurisdiction
Jersey
Judgment Date
24 January 2013
Procedural Posture
Beddoes Application (trustee Directions) / Interlocutory Application for Joinder/intervention
Outcome
Application by the representor to be joined or heard is refused.
Legal Topics
Beddoes Application, Joinder of Parties, Charitable Trusts, Standing in Trust Proceedings
Trusts Charity Law Civil Procedure Beddoes Application Joinder of Parties Charitable Trusts Standing in Trust Proceedings

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Parties

YT Charitable Foundation (International) Limited

Applicant

Trilogy

First Respondent

RBC

Second Respondent

LC

Guardian of Sub Trust

CC

Guardian of Sub Trust

PC

Guardian of Sub Trust

AC

Guardian of Sub Trust

VC

Guardian of Sub Trust

JC

Guardian of Sub Trust

MC

Guardian of Sub Trust

MWHC

Guardian of Sub Trust

The Representor (widow of settlor)

Applicant to Be Joined/intervenor

Procedural Posture

Beddoes Application (trustee Directions) / Interlocutory Application for Joinder/intervention

Legal Issues

  1. 1 Whether the representor (widow of settlor) should be joined as a party or permitted to be heard in the Beddoes application concerning the charitable foundation

Ratio Decidendi

The representor does not have a sufficient legal interest or functional connection to the Charitable Foundation or sub-trusts to justify being joined or heard in the Beddoes application, especially given adequate representation by existing parties and case management constraints.

Court Disposition

Application by the representor to be joined or heard is refused.

Orders

  • The representor is not to be joined as a party nor permitted to be heard in the Beddoes application.
  • Costs likely to follow the event, with the representor to pay the costs of the other parties on the standard basis, subject to further argument.