Approach to Blessing a Decision to Engage in Adverse Litigation

The Royal Court has provided helpful guidance to trustees of charitable trusts with regard to what is expected of them when seeking to engage in litigation on behalf of the trust and as to the approach that the Royal Court will take in blessing such a momentous decision.

The case of In the Matter of the F Charitable Trust [2017] JRC 142 concerned an exclusively charitable Jersey law trust (the Trust). The Representor Trustees had engaged in foreign legal proceedings, seeking recovery of a substantial debt (the Debt) which was owed to the Trust. The Trustees applied for Beddoe relief, seeking the Court’s sanction of the steps taken by it in proceedings that had occurred to date and a direction that they be permitted to maintain and pursue the proceedings either to conclusion, or to conclusion of the discovery process, whichever was the earlier. Owing to the charitable nature of the Trust, Her Majesty’s Attorney General (the AG) was joined to the application as the partie publique (which involves representing the public interest in civil matters such as proceedings concerning charities). 

 

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Robert DobbynPartnerT +44 (0) 1534 700 773robert.dobbyn@walkersglobal.com
Fritha FordSenior AssociateT +44 (0) 1534 700 899fritha.ford@walkersglobal.com