A Question Of Costs

Background

In Trilogy Management v YT [2012] JCA 204 the Court of Appeal of Jersey has clarified the principles relating to the payment of costs in non-adversarial trust applications. In so doing, it has drawn together approaches established in a number of early cases and consolidated the position in an area which it said had previously received only "sporadic consideration".

This case is relevant to any trustees that are contemplating non-adversarial applications to the court such as the correct administration of a trust. The case is significant because the Court distinguishes between the costs of trustees and beneficiaries or other convened parties, as well as between costs at first instance and costs on appeal.