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Jersey Case Law

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Trusts [2024] JRC 009

Representation of Craigmonie Hotel Limited

Representation of Craigmonie Hotel Limited [2024] JRC 009 (12 January 2024)

The Jersey Royal Court held that the Craigmonie Hotel Limited Commercial Security Trust was void ab initio for mistake and that the trust assets were held on bare trust for the company.

  • Mistake in trust creation
  • Inheritance tax avoidance
  • Trust validity
  • Trustee liability
  • Trust-mistake
  • Jersey-trust-law
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Civil procedure [2019] JRC 110A

Geneva Trust Company (GTC) SA (formally known as Rawlinson Hunter Trustees SA v Tchenguiz

Geneva Trust Company (GTC) SA (formally known as Rawlinson Hunter Trustees SA v Tchenguiz [2019] JRC 110A (12 June 2019)

The Royal Court of Jersey ordered ÂŁ50,000 security for costs in a trustee indemnity dispute, finding the larger sum sought would likely stifle the claim.

  • Security for costs
  • Indemnity
  • Trustee liability
  • Corporate plaintiff
  • Costs orders
  • Security-for-costs
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Trust law [2018] JRC 159

Representation of A re: G Trust

Representation of A re: G Trust [2018] JRC 159 (04 September 2018)

The Jersey Royal Court set aside the G Trust for mistake after finding the settlor misunderstood the UK tax consequences of the transfers.

  • Mistake in trust formation
  • Inheritance tax liability
  • Setting aside trusts
  • Bare trust
  • Trustee liability
  • Trust-law
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Trust law [2018] JRC 121

Brakspear -v- Nedgroup Trust (Jersey) Limited

Brakspear -v- Nedgroup Trust (Jersey) Limited [2018] JRC 121 (05 July 2018)

The Royal Court struck out a trust claim, holding the plaintiffs’ allegations were prescribed, insufficiently particularised as fraud, and barred by res judicata.

  • Strike out application
  • Res judicata
  • Issue estoppel
  • Abuse of process
  • Prescription/limitation
  • Pleading fraud
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Civil procedure [2016] JRC 112

Crociani -v- Crociani

Crociani -v- Crociani [2016] JRC 112 (01 July 2016)

The court granted a 14-day extension for witness statements in Crociani v Crociani, but imposed sanctions for late compliance and ordered indemnity costs.

  • Extension of time
  • Witness statements
  • Sanctions for non-compliance
  • Costs orders
  • Trustee liability
  • Civil-procedure
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Trust law [2016] JRC 030

Crociani -v- Crociani

Crociani -v- Crociani [2016] JRC 030 (02 February 2016)

Appeal allowed: the Court held it was arguable that a third defendant could rely on an indemnity in a trust revocation deed and granted leave to issue a third party notice.

  • Third party claims
  • Indemnity clauses
  • Trustee liability
  • Pleadings amendment
  • Trust-law
  • Civil-procedure
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Trusts [2015] JRC 227

Crociani -v- Crociani

Crociani -v- Crociani [2015] JRC 227 (11 November 2015)

The Royal Court allowed a third-party indemnity claim based on the 2010 Deed, but refused leave based on the 2011 Revocation in a trust dispute.

  • Third party claims
  • Indemnity clauses
  • Pleadings
  • Trustee liability
  • Third-party-claims
  • Indemnity-clauses
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Trusts [2013] JRC 201

Representation of the Greville Bathe Fund

Representation of the Greville Bathe Fund [2013] JRC 201 (17 October 2013)

The court defined the Greville Bathe Fund’s beneficiary class, held it was not exclusively charitable, approved a modern trust instrument, and excused past breaches.

  • Construction of trust objects
  • Variation of trusts
  • Trustee administrative powers
  • Trustee liability
  • Charitable status
  • Beneficiary class definition
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Probate [2012] JRC 078

Garnham -v- PC and Others

Garnham -v- PC and Others [2012] JRC 078 (13 April 2012)

Post-judgment costs ruling in a Jersey probate dispute. The court allocated estate costs between executors and beneficiaries, and partly penalised one executor for unreasonable conduct.

  • Executor indemnity
  • Beneficiary costs
  • Unreasonable conduct
  • Trustee liability
  • Costs out of estate
  • Probate-costs
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Trusts

Alhamrani v Alhamrani

Alhamrani v Alhamrani [2007] JLR_Note 14 (18 January 2007)

Trusts costs note on whether costs should be indemnified from trust assets in administration of the trust.

  • Indemnity of costs
  • Trustee liability
  • Trusts
  • Costs
  • Trustee-indemnity
  • Trust-administration
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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.