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Jersey Case Law

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Civil procedure

Kubr v Ogier Global Trustee (Jersey) Limited

The Court of Appeal refused Thomas Kubr’s renewed application for permission to appeal a recusal ruling, finding no real prospect of success on apparent bias.

  • Apparent bias
  • Permission to appeal
  • Interlocutory order
  • In camera hearing
  • Cumulative effect of grounds
  • Draft judgment corrections
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Trusts

In the matter of the representation of Leo Trustees AG (formerly known as Leo Trustees LLC) and in the matter of the representation of the Protector and in the matter of the Capri Family Trust

The Royal Court ordered Leo Trustees to make interim payments on account of costs to Solaro, the Protector and the Professional Adviser after earlier costs orders.

  • Interim payment on account
  • Standard basis costs
  • Indemnity basis costs
  • Taxation/costs assessment
  • Representation proceedings
  • Costs
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Trusts

Representation of V Trustees Limited Re N Trust

The Royal Court refused leave to appeal against a costs judgment in the N Trust matter, holding the trustee had no arguable ground with a realistic prospect of success.

  • Blessing application
  • Trustee indemnity
  • Leave to appeal
  • Exercise of discretion
  • Discovery
  • Convening parties
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Trusts [2025] JRC 242

Representation of Dominion Fiduciary Trust Ltd re The F Trust (Royal Court : Hearing

Representation of Dominion Fiduciary Trust Ltd re The F Trust (Royal Court : Hearing (Civil) : MacRae : Trust) [2025] JRC 242 (2 October 2025)

The Royal Court of Jersey set aside trust arrangements created for tax mitigation after finding the parties acted under serious tax-law mistake.

  • Mistake in trust creation
  • Inheritance tax
  • Capital gains tax
  • Setting aside trust transactions
  • Trusts (jersey) law 1984
  • Trusts
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Trusts [2025] JRC 193

Representation of HSBC Trustee (C.I.) Limited (Royal Court : Hearing

Representation of HSBC Trustee (C.I.) Limited (Royal Court : Hearing (Civil) : Bailhache, W : Discovery) [2025] JRC 193 (28 July 2025)

The Royal Court of Jersey gave discovery directions in a pension scheme representation, holding that searches should extend to individual-member communications and HSBC affiliates.

  • Discovery
  • Scheme administration
  • Employer duties
  • Member expectations
  • Augmentation of benefits
  • Trusts
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Trusts [2025] JRC 121

Y v Church Street Trustees Limited and Ors (Royal Court : Hearing

Y v Church Street Trustees Limited and Ors (Royal Court : Hearing (Civil) : Bailhache, W : Costs) [2025] JRC 121 (7 May 2025)

The Royal Court of Jersey held that trust costs issues arose in administrative, not hostile, proceedings, and ordered costs from the trust fund with interim payments.

  • Breach of trust
  • Trustee decision
  • Costs
  • Indemnity
  • Hostile litigation
  • Trusts
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Trusts [2025] JRC 105

Representation of Q Limited (Royal Court : Hearing

Representation of Q Limited (Royal Court : Hearing (Civil)) [2025] JRC 105 (16 April 2025)

The Royal Court of Jersey set directions on requests for information and discovery in trust proceedings, requiring a mechanism to challenge refusals and broad disclosure from the Trustee and respondents.

  • Discovery
  • Requests for information
  • Breach of trust
  • Trustee powers
  • Trusts
  • Requests-for-information
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Trusts [2025] JRC 028

Representation of C re P Trust (Royal Court : Hearing

Representation of C re P Trust (Royal Court : Hearing (Civil)) [2025] JRC 028 (3 February 2025)

The Royal Court of Jersey ruled on specific discovery and a late amendment application in trust removal proceedings, allowing some requests but refusing most.

  • Trustee removal
  • Specific discovery
  • Amendment of pleadings
  • Disclosure obligations
  • Trusts
  • Specific-discovery
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Insolvency [2024] JRC 265

Emirates NBD Bank PJSC v Almakhawi and Ors

Emirates NBD Bank PJSC v Almakhawi and Ors [2024] JRC 265 (04 December 2024)

The Jersey Royal Court granted Pauline relief, setting aside transfers and trust-related dispositions by RAM as made to defeat creditors while he was insolvent.

  • Fraudulent transfers
  • Asset protection
  • Creditor enforcement
  • Pauline action
  • Recognition of foreign judgments
  • Pauline-action
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Trusts [2024] JRC 221

Representation of A Trustees Limited re the ABC Trust

Representation of A Trustees Limited re the ABC Trust [2024] JRC 221 (22 October 2024)

The Jersey Royal Court blessed a trustee’s settlement of litigation and authorised payment of a beneficiary’s legal fees by an interest-free loan, not a distribution.

  • Court blessing of trustee decisions
  • Conflict of interest in trusts
  • Settlement of trust litigation
  • Loans vs distributions from trusts
  • Trusts
  • Trustee-duties
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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.