Litigating Trust Disputes in Jersey: Law, Procedure and Remedies

Description

This book is the first comprehensive guide to litigating trust disputes in Jersey, covering law, procedure and remedies, by practioners at a leading commercial Jersey law firm.

It expertly explains the enormous body of case law and custom on many important practical elements of the Island’s litigation procedure, which remain un-codified and are not available to the public and are largely inaccessible.

It analyses the complex rules for the commencement and service of proceedings, both on and off the Island, and the largely case law based rules of limitation, which are not easy to navigate and which merit close examination.

Other significant features of Jersey’s jurisdiction are explained: it is highly active in relation to the variation of trusts and directions to trustees, which are subject to the Island’s own trust law and procedure, and frequently allows private hearings, which are a complex and controversial phenomenon.

The book is therefore an indispensable tool for any practitioner whose client is either a protector/enforcer, a trustee or a beneficiary that has an exposure to Jersey; matrimonial lawyers seeking trust information or trust documents for the purposes of ancillary relief or analogous proceedings and Foreign law enforcement authorities and insolvency practitioners seeking asset recovery against assets subject to trusts with a connection to Jersey.

Table of Contents

1. Jersey as a Jurisdiction in which to Litigate Trust Disputes
2. Conflict of Law Issues in Jersey Trust Litigation
3. Applications for Directions, the Variation of Trusts
4. Litigation Concerning the Existence of the Trust, the Rectification of its Terms and the Exercise of Powers
5. Disclosure of Trust Information and Documents
6. Trusts Arising by Operation of Law: Resulting and Constructive Trusts
7. Personal Remedies against Trustees: The Personal Accountability of the Trustee and Liability for Breaches of Trust
8. Conflicts of Interest and Unauthorised Profits
9. Remedies against Wrongful Recipients of Trust Property
10. The Retirement, Removal or Replacement of the Trustee by the Royal Court
11. The Trustee’s Protection from Personal Liability: The Trustee’s Indemnity
12. Remedies against Accessories to a Breach of Trust and Miscellaneous Claims against Third Parties other than in Respect of Breach of Trust
13. Proprietary Remedies against Trustees and Third Parties
14. Trust Property and the Proceeds of Crime
15. The Recognition and Enforcement of Judgments against Jersey Trust Assets and Trustees
16. Prescription of Actions

Authors Biography

James Sheedy is a dual qualified Jersey Advocate and an English barrister (called in 2008) specialising in litigation, with a particular focus on contentious trusts, asset tracing, and commercial and company law disputes at Baker & Partners.

Stephen Baker is Senior Partner at Baker & Partners, and is a dual qualified Jersey Advocate and English barrister (called in 1989) specialising in complex international financial litigation, trust and commercial disputes and civil and criminal fraud.