Jersey Courts unwilling to impute trustee duties to agents

Voisin partner Nigel Pearmain and English Solicitor Stephen Brennan look at the Jersey Courts' recent clarification of certain important issues surrounding the position of agents acting in connection with the affairs of a trust.

In Chvetsov -v- BNP Paribas Jersey Trust Corporation Limited and Maison Anley Property Nominee Limited [2009] JLR 217 a Jersey law trust held a flat located in London, which was occupied by the claimant beneficiary (the "Beneficiary") and his family. BNP Paribas (the "Trustee") was the sole trustee of the Trust but the registered owner was Maison Anley (the "Nominee"), acting as nominee on behalf of the Trustee. The Beneficiary requested that the property undergo certain renovation works. The Trustee duly authorised the Nominee to enter into a contract with a firm of architects for the works to be carried out.