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…

UKSC Decision Curtails Limitation Period for Secondary Liability Claims – Williams v Central Bank of Nigeria [2014] UKSC 10

The UK Supreme Court has decided (in a somewhat long judgment which is worth reading to appreciate some of its subtleties) that the indefinite limitation period for actions under s 21(1)(a) Limitation Act 1980 in cases of “any fraud or fraudulent breach of trust to which the trustee was party or privy” does not apply…

My first post

Welcome to my new blog. I’ve never blogged before, partly owing to ignorance as to how to go about it and partly to doubts as to whether anyone would read it. Ignorance remedied and doubts notwithstanding, I’m taking the plunge. The focus of this blog will be topics that (eventually) affect us all – growing…

Wisdom…

Our new Constitution is now established, and has an appearance that promises permanency; but in this world nothing can be said to be certain, except death and taxes. — Benjamin Franklin, in a letter to Jean-Baptiste Leroy, 1789