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Jersey decisions
Decisions matching the current search
Brakspear v Nedbank Trust (Jersey) Limited [2019] JCA 150 (30 July 2019)
Leave to appeal was refused in a trust dispute over the Westley Trust, with the Court of Appeal upholding strike-out on prescription and issue estoppel grounds.
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.
Stock -v- Pantrust International and Others [2015] JRC 223 (06 November 2015)
The Royal Court of Jersey removed the respondents as trustees, appointed G. B. Trustees, and made interim orders to protect trust assets and information pending further directions.
Representation of the Manor House Trust and the Russian Trust [2015] JRC 208 (08 October 2015)
The Royal Court of Jersey upheld leave to serve trust proceedings out of the jurisdiction, holding Jersey was the clearly most appropriate forum and no material non-disclosure was shown.
R v C [2008] JRC 179 (23 October 2008)
Interlocutory matrimonial ancillary relief ruling on offshore trust disclosure, a letter of request to Guernsey, and whether the court should treat a trust as a sham.
MacKinnon v Regent Trust Co Ltd [2005] JCA 066 (19 May 2005)
The Court of Appeal upheld the strike-out of pleading alleging family settlements were sham trusts, holding a common intention to mislead third parties had to be pleaded.
Mackinnon v Regent Trust Co. [2005] JLR 198 (19 May 2005)
The court held that a sham trust requires a common intention of settlor and trustee to mislead third parties by creating a false impression of genuine rights and obligations.
MacKinnon v The Regent Trust Company Limited [2005] JRC 055 (25 April 2005)
The Royal Court approved a trust litigation agreement, excluded a clause thought to constrain evidence, accepted amendments to the pleadings, and reserved costs.
Mackinnon v Regent Trust Co. [2004] JLR 477 (06 December 2004)
The court held that a sham trust requires a common intention by settlor and trustee to mislead or deceive by disguising their true intentions in the trust deed.
In re Esteem Settlement v [2003] JLR 188 (13 June 2003)
A Jersey trust is not a sham unless settlor and trustee share a dishonest common intention to misstate the beneficial position; individual transactions may still be shams.
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