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Jersey Case Law

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Trusts and estates [2024] JRC 185

Representation of K Trustees Limited re: G Trust

Representation of K Trustees Limited re: G Trust [2024] JRC 185 (14 September 2024)

The Jersey Royal Court dismissed an executor’s bid to fund a deceased beneficiary’s litigation costs from trust assets, holding the claim was hostile, not derivative.

  • Beddoe applications
  • Trustee indemnity
  • Costs in trust litigation
  • Beneficiary claims
  • Hostile litigation
  • Beddoe-proceedings
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Trusts [2016] JRC 016

In the matter of the Piedmont Trust and the Riveira Trust

In the matter of the Piedmont Trust and the Riveira Trust [2016] JRC 016 (21 January 2016)

The Royal Court decided costs after invalid trustee and protector appointments, applying trust-litigation principles and declining to deprive any fiduciary of indemnity.

  • Trustee removal
  • Protector appointment
  • Costs in trust litigation
  • Fiduciary duties
  • Trust-litigation
  • Trustee-removal
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Trusts law [2013] JCA 146

Des Pallieres -v- JP Morgan Chase & Co

Des Pallieres -v- JP Morgan Chase & Co [2013] JCA 146 (26 July 2013)

The Court of Appeal upheld a costs order after a beneficiary’s disclosure claim against a settlor with fiduciary powers, confirming an indemnity out of trust assets.

  • Trustee indemnity
  • Costs in trust litigation
  • Fiduciary duties
  • Disclosure obligations
  • Supervisory jurisdiction
  • Article 51 trusts (jersey) law 1984
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Trust law

In re Dunlop Settlement v

In re Dunlop Settlement v [2013] 2 JLR_Note 6 (25 June 2013)

Note on Jersey trust litigation costs, stating that costs are allocated according to the category of trust dispute.

  • Costs in trust litigation
  • Categories of trust disputes
  • Trust-law
  • Trust-litigation-costs
  • Costs-in-trust-disputes
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Trusts [2013] JRC 123

In the matter of the Dunlop Settlement

In the matter of the Dunlop Settlement [2013] JRC 123 (25 June 2013)

Costs ruling in trust litigation: NS, a convened beneficiary, received half her costs from the trust fund on the indemnity basis; TIB's adverse costs bid failed.

  • Costs in trust litigation
  • Beneficiary costs entitlement
  • Trustee conflict of interest
  • Trust-costs
  • Beneficiary-costs
  • Trustee-conflict-of-interest
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Trusts and estates [2013] JRC 043

In the matter of the G Family Trust

In the matter of the G Family Trust [2013] JRC 043 (25 February 2013)

The Royal Court blessed a trustee’s decisions not to pursue further investigations into historic claims and loans, subject to external funding, and made related costs orders.

  • Trustee powers and duties
  • Court blessing of trustee decisions
  • Costs in trust litigation
  • Company law duties of directors
  • Beneficiary rights
  • Trustee-powers-and-duties
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Trust law [2013] JRC 023

In the matter of HHH Trust

In the matter of HHH Trust [2013] JRC 023 (30 January 2013)

The Jersey Royal Court held that a settlor with fiduciary functions was entitled to indemnity costs from the B Sub-Trust, with the beneficiary’s costs also paid from the fund.

  • Costs in trust litigation
  • Fiduciary indemnity
  • Disclosure obligations
  • Administration of trusts
  • Trust-law
  • Fiduciary-indemnity
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Trusts and estates [2012] JCA 204

Trilogy Management v YT and Others

Trilogy Management v YT and Others [2012] JCA 204 (09 November 2012)

Appeal concerned trust-litigation costs, a request to amend a prior judgment, and leave to appeal. The Court awarded indemnity costs to the successful parties but refused leave and other relief.

  • Costs in trust litigation
  • Construction of trust/company instruments
  • Leave to appeal
  • Administration of charitable trusts
  • Trust-litigation-costs
  • Indemnity-costs
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Trusts [2012] 2 JLR 260

In re X Trust v

In re X Trust v [2012] 2 JLR 260 (01 October 2012)

The court held that beneficiaries' costs of a derivative action against trustees may be paid from the trust fund where that is in the trust's best interests.

  • Derivative actions by beneficiaries
  • Costs in trust litigation
  • Court's inherent supervisory jurisdiction
  • Trusts
  • Civil-procedure
  • Derivative-actions
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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.