Generate a structured brief — facts, issues, held, reasoning, and significance — for this case in seconds. Or browse the verbatim judgment via the source links below.
Application by the first Defendant to stay allegations of breach of trust made against it.
Whether Court has jurisdiction when there is a provision in a trust deed which confers exclusive jurisdiction on another court.
The Court is considering a summons by the First Defendant to stay allegations of breach of trust made against it. The summons raises a question as to the approach which the Court should adopt when there is a provision in a trust deed which confers exclusive jurisdiction on another court.
The Plaintiff is the present trustee of the Tramp Trust, a trust governed by the law of Guernsey. Compass Trustees Limited ("Compass") is a company incorporated in Jersey. It is actioned in its own right as First Defendant. It was the trustee of the Tramp Trust from 11th April 1997 to 17th October, 2000, when it was replaced as trustee by the Plaintiff. Compass was also at all relevant times and remains the trustee of a trust known as the Time Trust. It is actioned as Second Defendant in its capacity as trustee of the Time Trust.
The Plaintiff has issued an order of justice against Compass arising out of Compass' position as the former trustee of the Tramp Trust and its position as trustee of the Time Trust. The order of justice breaks down into two quite separate parts. The first part brings three contractual claims against the Time Trust. The second part alleges a breach of trust against Compass in relation to its actions as trustee of the Tramp Trust.
Auto-extracted from BAILII. Full structured brief in progress — the source links below give you the verbatim judgment in the meantime.
Multiple official and mirror sources — pick whichever loads cleanly on your network.
Common Room
0 comments · About the Common Room →
No comments yet — start the discussion.
Voted-best comments help future students and feed Caselaw's AI study tools.