Arpettaz - Factors For Consideration In Applications For Beddoe Relief

The Royal Court of Jersey has recently provided helpful guidance in relation to seeking approval for its decision to become involved in overseas litigation, and on related issues common in those situations, including questions concerning the role the trustee should play and in respect of disclosure and privilege.

Background

In the matter of the Arpettaz Settlement [2020] JRC 161 concerned an application by the Trustee of the Arpettaz Settlement (the Trust) to the Royal Court, seeking its directions in respect of how it should conduct itself in the context of litigation before the English High Court.

The Trust was established in 2011 by the settlor, a former chairman of an oil exploration company (the Company) and the original trustee. The beneficiaries comprised the First Respondent (the Principal Beneficiary) and immediate members of his family. By a letter of wishes, the settlor expressed the wish that the First Respondent should be regarded as the principal