Clore v Stype Trustees (Jersey) Ltd and Four Others

JurisdictionJersey
CourtRoyal Court
Judge(Crill, Deputy Bailiff and Jurats Picot and Le Boutillier):
Judgment Date03 April 1984
Date03 April 1984
ROYAL COURT
(Crill, Deputy Bailiff and Jurats Picot and Le Boutillier):

F.C. Hamon for the plaintiff;

B.G. Pearmain for the first defendant;

A.O. Dart for the second and fourth defendants;

M.C. St.J. Birt for the third and fifth defendants;

P.R. Le Cras for the Attorney General (party convened);

M.H. Clapham for Keren Clore (party convened);

G.R. Boxall for the 1979 Israel Foundation (party convened);

P. de C. Mourant for the Orpheus Foundation (party convened).

Trustscostsindemnityproper for trustees to propound trust and apply to court for directions as to future conduct of litigation concerning trustprovided application not dilatory, proper to give trustees full indemnity from trust funds against costs incurred

CourtsRoyal Courtjurisdictioninherent jurisdictionmay hear application from trustees for directions as to future conduct of litigation concerning trusttrustees' duty to propound trust and need not wait for beneficiaries to argue merits of case

CRILL, DEPUTY BAILIFF: The application which is before the Court this afternoon, arises from the actions which have been consolidated concerning the estate of the late Sir Charles Clore. It is not necessary, we think, for us to go into the details of those actions. Suffice it to say that they started by an Order of Justice originating from the son of the deceased, Mr. Alan Clore. Today, the trustees of his personal settlement, called Stype Trustees (Jersey) Limited, who was the first defendant in the action of Mr. Clore, has asked us to make certain directions both as to the future conduct of the litigation, which in fact has now resolved itself into five actions, but for the purposes of today's hearing is limited to the consideration of the domicile of the late Sir Charles Clore, and as to the costs that should be paid out of the trust funds in relation to the prosecution of that litigation.

In the English jurisdiction we understand that this application, which is called a Beddoe application, would have been made to a Judge in Chambers, and that, as it would be made by the trustees alone, it would not be right, as we understand it, and it is not the practice, for the other parties to be present when the trustees disclose to the Judge, amongst other things, the evidence upon which they will be relying in due course, if necessary, at the subsequent trial. It is difficult to apply such an application here directly; one of the reasons being of course, that we do not have a number of Judges to whom such an application can be made, and secondly, there is no direct rule of Court providing for such...

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5 cases
  • Re A Settlement
    • Jersey
    • Royal Court
    • 26 April 1994
    ...(6) West v. Lazard Bros. & Co. (Jersey) Ltd. 1987-88 JLR 414. Additional cases cited by counsel: Clore v. Stype Trustees (Jersey) Ltd., 1984 J.J. 13. Eaton, In re, Shaw v. Midland Bank Exor. & Trustee Co. Ltd., [1964] 3 All E.R. 229. Ezekiel's Settlement Trusts, In re, National Provncl. Ban......
  • Burke v Sogex International Ltd
    • Jersey
    • Court of Appeal
    • 30 August 1988
    ...Birbeck v. Midland Bank Ltd., 1981 J.J. 121, distinguished. (2) Clore v. Stype Trustees (Jersey) Ltd., 1980 J.J. 149; further proceedings, 1984 J.J. 13, not followed. Additional cases cited by counsel: D.B. Installations Ltd. v. Vaut Mieux Ltd., 1987-88 JLR N-5. Davest Invs. Ltd. v. Bryant,......
  • Mayo Associates S.A., Troy Associates Ltd and T.T.S. International S.A. v Cantrade Private Bank Switzerland (C.I.) Ltd and Touche Ross and Company
    • Jersey
    • Royal Court
    • 18 December 1997
    ...Castanho v. Brown & Root (UK) Ltd., [1981] A.C. 557. Classic Trading Co. v. Declercq, 1992 JLR 34. Clore v. Stype Trustees (Jersey) Ltd., 1984 J.J. 13. Compagnie Financiere & Commerciale du Pacifique v. Peruvian Guano Co. (1882), 11 Q.B.D. 55. Consul Corfitzon, The, [1917] A.C. 550. Daisy H......
  • A Trust Company (“A”)
    • Jersey
    • Royal Court
    • 8 September 2017
    ...Settlement [2001] JLR Note 37. Re S Settlement 2001/154. Lewin on Trusts 19th Edition. Clore v Stype Trustees (Jersey) Limited and Others [1984] J.J.13. Alhamrani v J P Morgan [2007] JLR 527 Trust — Beddoe application in relation to proceedings brought to recover a substantial debt owed to ......
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