Enforcement against discretionary beneficiaries – A thing writ in water

Introduction The Royal Court of Jersey has held in the case of Kea Investments Limited v Watson [1] that it is not possible for a judgment creditor to obtain execution against the interest of a discretionary beneficiary under a Jersey trust. Although a beneficiary’s interest is a species of movable property, it is not transmissible…

The Ties That Bind – Pugachev and what it means for Jersey

An analysis of the possible ramifications of the English High Court’s decision in Pugachev and its impact on Jersey trusts, approaches to ‘trust busting’ and the inherent risks in Jersey’s reservation of powers legislation.

Calling Time: English High Court Declares Limitation Period on Claims against Directors of Jersey Companies

Q: What is the limitation period for a claim for breach of duty against a director of a Jersey company? A: How many angels can dance on the head of a pin?

Litigating Trust Disputes in Jersey: Law, Procedure & Remedies

The dissemination of knowledge about how Jersey trusts work has come on leaps and bounds in recent years, owing to the proliferation of publicly available judgments of the Royal Court. For those not familiar with, or inclined to navigate, the extensive online database of Jersey case law, attempting to find the answer you want within…

Bust Trusts – Court of Appeal Declares Principles of Trustee Liability

Guernsey’s Court of Appeal has declared, for the first time, the meaning and effect of the key provision in Jersey’s law concerning the liabilities of trustees to third parties to the trust in Investec Trust (Guernsey) Limited & Ors V Glenalla Properties Ltd & Ors. 41/2014 Background Facts The proceedings concerned the administration of the Tchenguiz…

Supreme Court Declares Constructive Trust Over Bribes & Secret Commissions

On 16th July 2014 the Supreme Court handed down its judgment in FHR European Ventures LLP and others v Cedar Capital Partners LLC [2014] UKSC 45. This decision settles a long-running argument in English law as to whether a principal has a proprietary or a merely personal claim against an agent who takes a bribe…