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Jersey Case Law

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Trusts [2024] JRC 038

Representation of Colloas Crill LLP Advocate Santos-Costa and Advocate Williams

Representation of Colloas Crill LLP Advocate Santos-Costa and Advocate Williams [2024] JRC 038 (19 February 2024)

The Royal Court held that no party should recover costs of a representation about whether lawyers could continue acting in trust-related proceedings.

  • Costs
  • Conflict of interest
  • Legal representation
  • Supervisory jurisdiction
  • Trusts
  • Conflict-of-interest
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Civil procedure [2023] JRC 055

Booth v Viscount

Booth v Viscount [2023] JRC 055 (12 April 2023)

The Royal Court refused to strike out Mr Booth’s claim over the Viscount’s refusal to reassign a 2013 King's Oak valuation claim, but required fuller particulars.

  • Strike out applications
  • Cause of action estoppel
  • Issue estoppel
  • Abuse of process
  • Assignment of claims
  • Supervisory jurisdiction
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Trusts [2021] JRC 021

B v Erinvale PTC Limited and Ors - 25-Jan-2021

B v Erinvale PTC Limited and Ors - 25-Jan-2021 [2021] JRC 021 (25 January 2021)

The Royal Court allocated costs after a trust dispute over B’s addition as a beneficiary, upholding Erinvale’s indemnity but ordering B to pay costs for a later summons.

  • Trustee indemnity
  • Beneficiary status
  • Costs orders
  • Hostile litigation
  • Supervisory jurisdiction
  • Trust-costs
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Trusts [2018] JRC 081A

Heinrichs v Pantrust and Ors

Heinrichs v Pantrust and Ors [2018] JRC 081A (02 May 2018)

The Jersey Royal Court declined to declare the 1977 Brazilian Trust valid, but invited directions limiting GB Trustees’ duties over the 1984 trust.

  • Sham trusts
  • Declaratory relief
  • Supervisory jurisdiction
  • Breach of trust
  • Jurisdictional challenge
  • Sham-trusts
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Trusts [2014] JRC 207

In the matter of the Y Trust

In the matter of the Y Trust [2014] JRC 207 (28 October 2014)

The Royal Court of Jersey held that B remained a beneficiary of the Y Trust, was not a notional settlor, and limited disclosure for New York divorce proceedings.

  • Beneficiary status
  • Disclosure of trust documents
  • Notional settlor
  • Excluded class
  • Supervisory jurisdiction
  • Cross-border matrimonial proceedings
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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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Trusts [2011] JRC 131

Representation of U

Representation of U [2011] JRC 131 (06 July 2011)

The Jersey Royal Court ordered disclosure of trust accounts to a settlor for use in English divorce proceedings, holding disclosure served the beneficiaries’ interests.

  • Disclosure of trust information
  • Trustee powers and duties
  • Beneficiaries' interests
  • Excluded persons
  • Supervisory jurisdiction
  • Divorce proceedings and trusts
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Trusts [2010] JRC 037

MM -v- SG Hambros

MM -v- SG Hambros [2010] JRC 037 (19 February 2010)

The Jersey Royal Court refused to overturn a trustee’s decision to sell trust property, holding the decision was reasonable and properly balanced beneficiary interests.

  • Trustee discretion
  • Sale of trust property
  • Life tenant vs remainderman interests
  • Supervisory jurisdiction
  • Trustee-discretion
  • Sale-of-trust-property
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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.