Description
Book SynopsisThis 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.
Table of Contents1. 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
