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Jersey Case Law

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Trusts and foundations law [2016] JRC 144

Representation of C Trust

Representation of C Trust [2016] JRC 144 (25 August 2016)

The Royal Court of Jersey blessed a foundation council’s plan to amend regulations, permit disclosure for foreign tax compliance, and dissolve the foundations.

  • Powers of foundation council
  • Amendment of foundation regulations
  • Disclosure of information
  • Dissolution of foundations
  • Beneficiary status
  • Compliance with foreign tax obligations
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Trust law [2014] JRC 101A

IN the matter of A (Settlement)

IN the matter of A (Settlement) [2014] JRC 101A (01 May 2014)

Directions hearing in a trust dispute over what information beneficiaries may obtain to assess whether a trustee’s fees were unreasonably incurred.

  • Trustee fees
  • Beneficiary rights
  • Disclosure of information
  • Costs assessment
  • Trust-law
  • Trustee-fees
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Trust law [2012] 2 JLR 64

In re HHH Employee Trust v

In re HHH Employee Trust v [2012] 2 JLR 64 (28 June 2012)

The court held that a settlor/employer with fiduciary powers in an employee benefit trust can fall within the court’s jurisdiction, and disclosure is limited to fiduciary-held information.

  • Employee benefit trusts
  • Fiduciary powers
  • Disclosure of information
  • Trust-law
  • Employee-benefit-trusts
  • Fiduciary-duties
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Trust law [2010] JRC 154

Representation of Y

Representation of Y [2010] JRC 154 (24 August 2010)

The Jersey Royal Court approved the urgent appointment of Herald Trust Company Limited as trustee, refused separate representation for issue, and upheld confidentiality of trustee-beneficiary correspondence.

  • Appointment of trustee
  • Confidentiality of trust communications
  • Representation of beneficiaries
  • Disclosure of information
  • Appointment-of-trustee
  • Trust-confidentiality
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Trusts [2010] JRC 114A

Representation of U

Representation of U [2010] JRC 114A (17 June 2010)

Royal Court approved a trustee’s decisions not to join English divorce proceedings, not to repay a loan or make distributions, and to disclose trust information to the settlor.

  • Discretionary trust
  • Trustee discretion
  • Divorce proceedings
  • Maintenance
  • Distribution of trust assets
  • Disclosure of information
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Insolvency [2007] JRC 186

Tacon v Montrow

Tacon v Montrow [2007] JRC 186 (02 October 2007)

The Jersey Royal Court released the provisional liquidator from an undertaking restricting interviews of a company director, finding the original conflict had been removed and safeguards were sufficient.

  • Provisional liquidation
  • Undertakings to court
  • Disclosure of information
  • Recognition of foreign liquidators
  • Court cooperation
  • Provisional-liquidation
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Criminal law [2006] JLR 112

Durant Intl. Corp. v Att. Gen.

Durant Intl. Corp. v Att. Gen. [2006] JLR 112 (17 March 2006)

The court held that a letter of request was not required for an investigation under the Investigation of Fraud (Jersey) Law 1991 and dismissed the application.

  • Assistance in foreign proceedings
  • Letters of request
  • Disclosure of information
  • Investigation of fraud (jersey) law 1991
  • Criminal justice (international co-operation) (jersey) law 2001
  • Foreign-criminal-investigation
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Evidence [2006] JLR 31

Durant Intl. Corp. v Att. Gen.

Durant Intl. Corp. v Att. Gen. [2006] JLR 31 (19 January 2006)

Judicial review over disclosure under a foreign letter of request failed. The court held the Attorney General had taken reasonable steps to assess lawfulness and the decision was not Wednesbury unreasonable.

  • Letters of request
  • Disclosure of information
  • Wednesbury unreasonableness
  • Procedural fairness
  • Judicial-review
  • Letters-of-request
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Trusts

In re L & M Trusts v

In re L & M Trusts v [2003] JLR_Note 6 (07 January 2003)

A Jersey trusts note stating that trustees’ duty to give information to beneficiaries is limited by the overriding duty to protect the trust.

  • Trustee duties
  • Beneficiary rights
  • Disclosure of information
  • Trusts
  • Trustee-duties
  • Beneficiary-rights
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Trust law [2000] JLR 173

In re Rabaiotti 1989 Settlement v

In re Rabaiotti 1989 Settlement v [2000] JLR 173 (30 May 2000)

A Jersey trust case on beneficiaries’ access to accounting documents, recognizing a right to inspection subject to the court’s discretion.

  • Trustee duties
  • Beneficiary rights
  • Disclosure of information
  • Trust-law
  • Trustee-duties
  • Beneficiary-rights
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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.