Do The Objects Of A Mere Power Have The Rights To Sue Their Trustees?

Sarah Daile Freeman and others -v- Ansbacher Trustees (Jersey) Limited [2009] JRC003

Facts and Decision

Facts:

This judgment arose out of an application by Ansbacher Trustees (Jersey) Limited (the "Trustee") to strike out a claim made by Sarah Daile Freeman ("Sarah"), Robert Keith Freeman ("Robert") and Rosanna Freeman ("Rosanna", and together the "Beneficiaries") for damages arising from breach of trust.

The JB Sims No.1 Jersey Settlement (the "Trust") was a standard discretionary trust which had been established under Jersey law on 4 May 1978. The Trustee was the original sole trustee of the Trust from its inception up until 14 August 1998 when a number of individuals including Kenneth George Freeman ("Mr Freeman") and his wife Pauline Ann Freeman ("Mrs Freeman") were appointed to act as co-trustees with the Trustee (Mr Freeman being the father of the Beneficiaries and the most significant settlor of assets into the Trust). Subsequently, the Trustee