April 19 2013
START DATE
END DATE
May 27 2013
Stiftung Salle Modulable et al v. Butterfield Trust (Bermuda) Limited
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
The Supreme Court of Bermuda
Civil Law
Ian R.C. Kawaley CJ
Mr. David Kessaram Cox Hallett & Wilkinson
Mr. Jan Woloniecki and Mr. Nathaniel Turner Attride-Stirling & Woloniecki
FACTS OF THE CASE:
summary of Plaintiffs contend that Defendant as Trustee of the Art I Trust agreed in 2007 to pay CHF 120 million for the construction of a Salle Modulable in Lucerne initial payments made until 2010 when Defendant intended to abandon project
SUMMARY:
Specific discovery the scope of discovery obligations beneficiary status under a trust and legal advice privilege
OUTCOMES:
Plaintiffs' application for specific disclosure and/or production granted in part particularly regarding Categories 1 and 2; declined in respect of Categories 3 and 4; Plaintiffs awarded costs for Defendant's confidentiality Summons
RULED IN FAVOUR OF:
Plaintiffs/Claimant and Defendant partially both
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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Stiftung Salle Modulable et al v. Butterfield Trust (Bermuda) Limited
summary of Plaintiffs contend that Defendant as Trustee of the Art I Trust agreed in 2007 to pay CHF 120 million for the construction of a Salle Modulable in Lucerne initial payments made until 2010 when Defendant intended to abandon project