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ARTICLE · 20 JANUARY 2016

Trust Litigation In Guernsey

Litigation in the trust sector has seen a number of high profile cases in Guernsey and Bedell's Rupert Morris examines the impact two of these cases could have on trust work on the island.

GuernseyCorporate/Commercial Law

Litigation in the trust sector has seen a number of high profile cases in Guernsey and Bedell's Rupert Morris examines the impact two of these cases could have on trust work on the island

2015 has been an eventful year for the Guernsey courts with a large number of important judgments having been delivered. The scope of such cases has covered many topics ranging from the application to English law trusts of the revised "Hastings - Bass" jurisdiction through to determining the nature of the law of contempt in private trusts proceedings. These decisions reflect the Bailiwick's continued importance as an offshore trusts jurisdiction and its contribution to international trust jurisprudence as a whole. It would be extremely difficult to do justice to each and every decision in a summary fashion. However, two cases are of particular global interest in the developing jurisprudence covering the topics of mistake and the duties of protectors.

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