Official Solicitor v Clore

JurisdictionJersey
CourtRoyal Court
Judge(Crill, Deputy Bailiff):
Judgment Date07 July 1983
Date07 July 1983
ROYAL COURT
(Crill, Deputy Bailiff):

J.G.P. Wheeler for the plaintiff;

F.C. Hamon for the first defendant.

Civil ProcedurecostsEnglish lawyers' costsif case necessarily relates to application of English principles of common law or legal matters outside Jersey domestic issues, proper to seek advice of English lawyers and recover their fees as costs

Civil Procedurecostsindemnity basisaward on full indemnity basis includes all costs except those unreasonably incurred or of unreasonable amountparty in whose favour order made to be given benefit of doubt as to reasonableness

Civil Procedurecostsjurisdiction to fix scale feesscale of fees to be fixed by Superior Number of Royal Court under Loi (1939) sur les honoraires des Avocats et des crivainsGreffier to make allocation within scale prescribed

CRILL, DEPUTY BAILIFF: In brief, the background to this matter stems from the death of Sir Charles Clore, who died on July 26th, 1979, in England leaving two wills: one dealing with his Monegasque property and the other with all his other property. By the Monegasque will, the deceased appointed Mr. Nathan Meyohas as testamentary executor and left all his property in Monaco to his daughter, Mrs. Vivien Duffield. By the other will, which has been called the general will, the deceased appointed Mr. Meyohas, Mr. George Coulon Karlweis and Mr. Joseph Kasierer to be his executors and gave all his property outside Monaco to the trustees of a settlement made by him on February 20th, 1979, to be held by them upon the trusts of that settlement. The trustees of that settlement were, originally, Stype Trustees (Jersey) Limited, Mr. Meyohas, Mr. Karlweis and Mr. Kasierer, but Mr. Karlweis has now retired as a trustee. There is a substantial potential claim to capital transfer tax raised by the Commissioners of Inland Revenue in England. The issues are complicated and involve, inter alia, matters of domicile and private international law. Actions have been instituted in England, Jersey and Monaco. In Jersey, a number of injunctions, which have been varied from time to time, are in force as well as three caveats at the instance of Mr. Alan Clore, the son of the deceased, Mr. Meyohas and Mr. Kasierer.

It is not necessary for me to go into details of the proceedings in England or Jersey, but it suffices to say that on the 22nd April, 1982, the High Court in England granted Letters of Administration ad bona colligenda to the Official Solicitor. The Official Solicitor is, as is well known, an independent officer of the Supreme Court. Contrary to the popular belief that is held in some quarters, he is not an instrument of the Inland Revenue nor of the Government. The injunctions and caveats in Jersey were, and still are, capable of being lifted by consent. It follows that if they were, then a grant of probate could issue to the executors, once it was established where Sir Charles Clore had died domiciled. Since a large part of the estate consists of money sent to Jersey after his death but arising from a transaction entered into before that event and which, if still physically in England, might be subject to claims by the Inland Revenue, the Official Solicitor had a duty to protect the assets until the main issues between the parties had been settled. Whilst there is no question of the Courts in this jurisdiction enforcing a penal or fiscal law of another jurisdiction, that is not to say that protection should not be afforded in this case for the conservation of the assets until the issues of domicile have been settled. I refer to the Official Solicitor's "duty" because I have read his affidavit of the 10th January, 1983, in which he refers to the "forceful...

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12 cases
  • Rockhampton Apartments Ltd and Antler Property C.I. Ltd v Gale and Clarke
    • Jersey
    • Court of Appeal
    • 15 June 2007
    ...1973 J.J. 2453, considered. (34) Mitchell (née Bird) v. Dido Invs. Ltd., 1987-88 JLR 293, not followed. (35) Official Solicitor v. Clore, 1983 J.J. 43, referred to. (36) Penseney v. Philip Le Sueur & Sons Ltd. (1951), 247 Ex. 117, unreported, considered. (37) Picot (T.A.) (C.I.) Ltd. v. Cri......
  • R Heseltine, T.J. Heseltine and Offco Ltd v R.J. Egglishaw, Jehan, P.J. Egglishaw (Practising as Strachan and Company) and Watkins
    • Jersey
    • Royal Court
    • 19 January 1989
    ...Morshead, [1903] 2 K.B. 359, followed. (11) Naval Production v. Jetcat Ltd., 1985-86 JLR 66, considered. (12) Official Solicitor v. Clore, 1983 J.J. 43; on appeal, 1984 J.J. 81. (13) Parkinson (Sir Lindsay) & Co. Ltd. v. Triplan Ltd., [1973] 1 Q.B. 609; [1973] 2 All E.R. 273; (1973), 117 So......
  • Tucker
    • Jersey
    • Royal Court
    • 7 July 1988
    ...In re, Royal Ct. (1967), 256 Ex. 280, unreported. Norwich Equit. Fire Ins. Co., In re, (1884), 27 Ch. D. 515. Official Receiver v. Clore, 1983 J.J. 43. Oklahoma (State of) v. Rodgers (1946), 165 ALR 785. Priestly v. Clegg, 1985 (3) S.A. 955. R. v. Grossman (1981), 73 Cr. App. R. 302. Radio ......
  • Abdel Rahman v Chase Bank (C.I.) Trust Company Ltd and Five Others
    • Jersey
    • Royal Court
    • 2 July 1990
    ...E.R. 140; (1984), 81 L.S. Gaz. 2769. (8) Jones (née Ludlow) v. Jones (No. 2), 1985-86 JLR 40, considered. (9) Official Solicitor v. Clore, 1983 J.J. 43; on appeal, 1984 J.J. 81, considered. (10) Preston v. Preston, [1982] 1 All E.R. 41; (1981), 125 Sol. Jo. 496, dictum of Brandon, L.J. appl......
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