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Jersey Case Law

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Trusts law [2023] JRC 047

In the matter of the Indigo Trust

In the matter of the Indigo Trust [2023] JRC 047 (21 March 2023)

The Jersey Royal Court set aside a 2019 transfer into the Indigo Trust for mistake over UK inheritance tax, but refused to deem a new trust to exist from 2020.

  • Mistake in trust disposition
  • Inheritance tax
  • Jurisdiction of jersey court under article 47e
  • Setting aside trust transfers
  • Trustee powers and liabilities
  • Trust-mistake
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Trusts law [2022] JRC 203

Representation of Y re W Trust 30 Sep 2022

Representation of Y re W Trust 30 Sep 2022 [2022] JRC 203 (30 September 2022)

The court held that the W Trust still subsisted, appointed Y as trustee, and confirmed his right to seek disclosure of trust records to pursue recovery of trust assets.

  • Existence and subsistence of trust
  • Appointment of trustee
  • Breach of trust
  • Trust asset recovery
  • Disclosure of trust documents
  • Trusts-law
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Criminal law [2020] JCA 234

Robert Tantular v AG 12 Nov 2020

Robert Tantular v AG 12 Nov 2020 [2020] JCA 234 (12 November 2020)

The Court of Appeal held that Article 16(4)(b) of Jersey’s modified proceeds of crime law can prohibit dealing with realisable property held outside Jersey.

  • Proceeds of crime
  • Confiscation orders
  • Extraterritorial jurisdiction
  • Statutory interpretation
  • Proceeds-of-crime
  • Confiscation-orders
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Trusts law

Geneva Trust Company (GTC) SA re ZII Trust

The Royal Court refused immediate reimbursement of trust-funded litigation costs and adjourned a funding application, requiring further evidence of need.

  • Equitable lien
  • Trust creditor priority
  • Funding of litigation costs
  • Winding up of an insolvent trust
  • Adjournment for further evidence
  • Equitable-lien
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Trusts law

Representation of Church Street Trustees Limited

The Royal Court refused to grant declarations about a former trustee’s power to enter a bond agreement, citing absent affected parties and pending Luxembourg proceedings.

  • Declaratory relief
  • Trustee powers
  • Expired trust
  • Bare trustee
  • Bond agreement
  • Luxembourg proceedings
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Trusts law [2019] JRC 109

Representation of Church Street Trustees Limited

Representation of Church Street Trustees Limited [2019] JRC 109 (11 June 2019)

The Jersey Royal Court refused urgent declarations about a former trustee’s power to enter a bond agreement, because affected parties were not before the court.

  • Powers of trustees
  • Declaratory relief
  • Jurisdiction
  • Trust termination
  • Declaratory-relief
  • Trustees-powers
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Civil procedure [2017] JRC 195

Booth v Zenith

Booth v Zenith [2017] JRC 195 (15 November 2017)

The Jersey Royal Court refused the plaintiff leave to amend his pleadings to allege fraud, finding no arguable case in fraud and only possible breach of duty.

  • Amendment of pleadings
  • Fraud allegations
  • Breach of trust
  • Accounting by trustees
  • Amendment-of-pleadings
  • Fraud-allegations
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Trusts law

In the matter of the representation of Equiom Trust (CI) Limited and in the matter of the L Trust and in the matter of Articles 47G, 47H and 51 of the Trusts (Jersey) Law 1984, as amended

The Royal Court declared the 2013 joint life interest appointment void and confirmed that the 2003 creation of the settlor’s life interest did not require protector consent.

  • Variation and appointment of life interest
  • Protector consent
  • Mistake
  • Relevant considerations
  • Construction of trust deed
  • Inheritance tax consequences
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Jersey decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.