Re the B, C and D Settlements

02 September 2011

We are instructed by a Jersey trustee in proceedings involving various family trusts (with different proper laws) and foreign underlying companies. The factual and legal issues are numerous but the case has already been to the Court of Appeal and clarified the extent of the jurisdiction under article 51 of the Trusts (Jersey) Law 1984 to give directions to a person "having a connection with a trust". As a result of directions given by the Court of Appeal, the matter is now proceeding to a hearing in the Royal Court where the Court will consider the propriety or otherwise of drawing adverse inferences against beneficiaries and ordering distributions on the basis of those adverse inferences. Once again, this is a wholly novel area of law.