Litigating Trust Disputes in Jersey: Law, Procedure & Remedies

by James Sheedy, Stephen Baker

Overview

This text is the first comprehensive guide to litigating trust disputes in Jersey, bringing together analysis of substantive Jersey law, civil procedure and the remedies available to parties appearing in trust litigation before the Royal Court of Jersey. The book is an indispensable tool for trust professionals and legal practitioners with clients that have an exposure to a trust structure in Jersey, whether through a trustee, a beneficiary or a protector, enforcer or other power holder. This book is also of importance to matrimonial, criminal or insolvency practitioners seeking information or documents for the purposes of foreign proceedings and those seeking asset recovery or enforcement against assets subject to Jersey trusts.

Product Details

ISBN-13:	9781782256816
Publisher:	Bloomsbury Publishing
Publication date:	02/23/2017
Sold by:	Barnes & Noble
Format:	eBook
Pages:	744
File size:	2 MB

About the Author

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.
Baker&Partners is a Jersey-based specialist litigation and dispute resolution practice.

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