Guernsey/Alderney

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Cases :

A v NERINE TRUST LTD[[2019] GRC 074]
- Principles required for rectificationA v NERINE TRUST LTDDownload
CROSS v. BENITRUST et al2 OFLR 32/1 ITELR 341
- How far do directors of a trust company have personal liability? In Guernsey – as in Jersey – the law expressly provides for the director to be deemed a guarantor of the company. This liability was not in issue here, the point arising only in relation to procedural issues (omitted from the judgement below); the Court had no difficulty in deciding – following Bath v. Standard Land – that the director owes no fiduciary duty to a beneficiary, but indicated that an aggrieved beneficiary may have a remedy in tort. The Court of Appeal upheld the first decision but reversed the second. CROSS v. BENITRUST et alDownload
INVESTEC v GLENALLA (No 2)18 ITELR 30
- Although the trustee may have no personal liability to a claimant, as indicated in Investec v Glenalla (No 1), the claim will extend to all the trust property existing at the time of the claim, including assets held by a subsequent trustee, and a former trustee has the right to be indemnified out of such assets.INVESTEC v GLENALLA (No 2)Download
LIANG v RBC TRUSTEES (GUERNSEY) LTD21 ITELR
- Fund held by trustee on suspicion of money-laundering. Burden of Proof of suspicion falls on trustee but burden of proof of provenance of fund to be discharged by beneficiary seeking transfer of fund to her. LIANG v RBC TRUSTEES (GUERNSEY) LTDDownload
M v St ANNE’S TRUSTEES LTDCivil Division – Appeal no 519
- Rule in Hastings-Bass appliedM v St ANNE’S TRUSTEES LTDDownload
NOURSE v HERITAGE CORPORATE TRUSTEES
- Acting on wrong legal advice is a mistake which the court can remedy.NOURSE v HERITAGE CORPORATE TRUSTEESDownload
Re A Pension Plan[2020] GRC 019
- The Court approved rectification enabling tax benefit.Re A Pension PlanDownload
Re ABACUS GLOBAL TRUST
- Applying the test in Pitt v Holt (q.v.), the Court declined to set aside a distribution from a pension fund which gave the recipient an unexpected tax liability.Re ABACUS GLOBAL TRUSTDownload
RE THE V SETTLEMENT2007-08 GLR 240
- The Trustee sought the approval of the Court for the making of an interest-free loan to a beneficiary RE THE V SETTLEMENTDownload
STUART-HUTCHESON v SPREAD TRUSTEE CO[2002] No 299
- Applying to Guernsey the English rules as to the entitlement of a beneficiary to information from trustees, and awarding the successful Apellant costs out of the trust fund on an indemnity basis. STUART-HUTCHESON v SPREAD TRUSTEE CODownload
VIRANI V. GUERNSEY INTERNATIONAL TRUSTEES AND TIM BENNETTCivil Appeal 312 of 2002
- The Protector dismissed the corporate trustee; the trustee and its directors fought long and hard to prevent the dismissal being effective – even applying to the Court for the Protector to be dismissed. It was held that the trustee has been properly dismissed. Both the company and its directors came in for a good deal of criticism from the Court, but it is a measure of their success that, though the company was dismissed from its office as trustee on 11th September 2000, proceedings were still on foot in August 2003! The judgment of the Court of Appeal deals mostly, and at some length, with the particular facts of the case, but the flavour can be gleaned from this extract. VIRANI V. GUERNSEY INTERNATIONAL TRUSTEES AND TIM BENNETTDownload