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Lessen the burden

Asking judges for help with trust administration may be a last resort, but Jersey's Court of Appeal provides helpful guidance, says Nick Williams

22 April 2013

Costs in legal proceedings can be a sensitive issue. It’s particularly the case for trustees who apply to court for directions on how to administer their trusts. As James McNeill QC at Jersey’s Court of Appeal said in Trilogy Management v YT & Others [2012] JCA 204: “Trust litigation is often necessary: it is always expensive.”

But who should bear that expense? Effective and fair trust administration demands clarity. The Trilogy case provided light on the principles of costs in non-adversarial trust applications. In doing so, it has drawn together approaches established in a number of early cases (including litigation cases Alhamrani and Esteem), and consolidated the position in an area that it said had previously received o...

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