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Jersey Case Law

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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 and equity [2019] JCA 106

Representation of Rawlinson & Hunter Trustees SA re Z Trusts

Representation of Rawlinson & Hunter Trustees SA re Z Trusts [2019] JCA 106 (28 June 2019)

The Jersey Court of Appeal upheld pari passu ranking of trustees’ indemnity claims and liens against an insolvent trust, rejecting a former trustee’s priority claim.

  • Trustee indemnity
  • Equitable lien
  • Priority of claims
  • Insolvent trusts
  • Subrogation
  • Trust administration
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Trust law [2018] JRC 164

Representation of Rawlinson & Hunter SA re Z Trusts

Representation of Rawlinson & Hunter SA re Z Trusts [2018] JRC 164 (10 September 2018)

The court held that a former trustee of an insolvent trust cannot recover the costs of proving its claim from trust assets, subject to the court’s discretion.

  • Equitable lien
  • Trustee indemnity
  • Costs of proving claims
  • Pari passu regime
  • Trust-law
  • Insolvency-law
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Trusts [2018] JRC 119

Representation of Rawlinson & Hunter Trustees SA re Z Trusts

Representation of Rawlinson & Hunter Trustees SA re Z Trusts [2018] JRC 119 (03 July 2018)

The Jersey Royal Court held that a former trustee’s equitable lien for indemnity has priority over successor trustees’ liens and related claims, subject to exceptions where the equities differ.

  • Trustee indemnity
  • Equitable lien
  • Priority of claims
  • Insolvent trusts
  • Article 32 trusts (jersey) law 1984
  • Trustee-indemnity
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Trusts [2015] JRC 031

Representation of the Z Trusts

Representation of the Z Trusts [2015] JRC 031 (12 February 2015)

The Royal Court held that a former trustee retained an equitable lien over trust assets for indemnity rights, and allowed a new trustee appointment subject to preserving those rights.

  • Trustee indemnity
  • Equitable lien
  • Appointment of trustees
  • Priority of claims
  • Ring-fencing of assets
  • Trustee-indemnity
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About this LexChat collection

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.