23, 27 March 2015
START DATE
END DATE
5/15/2015
TRUSTEE L AND OTHERS v. THE ATTORNEY GENERAL AND OTHERS
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
The Supreme Court of Bermuda
COMMERCIAL COURT CIVIL JURISDICTION
Hon. Chief Justice Ian Kawaley
Mr. Alan Boyle QC, Mr. Jonathan Adkin QC, Mr. Narinder Hargun (Conyers Dill & Pearman)
Mr. Michael Furness QC, Mr. Dakis Hagen, Mr. Rod Attride-Stirling (ASW Law Limited)
FACTS OF THE CASE:
This case concerned an application by Trustee L and other trustees of Bermuda purpose trusts seeking Beddoe relief. The plaintiffs, as trustees, sought the court's directions regarding their defense against claims made by the second defendant (D2). D2, the child of a deceased settlor, challenged the validity of the trust, alleging undue influence, improper constitution, and uncertainty. The trustees requested an indemnity to defend the trust and permission to use trust assets to continue trust operations, including share purchases and limited charitable donations.
SUMMARY:
(1) Should the trustees be allowed to defend claims at the expense of the trust estate? (2) Was there undue influence or improper trust constitution? (3) Should the trustees be allowed to continue trust operations, including purchases and donations?
OUTCOMES:
Beddoe relief granted; trustees permitted to defend claims using trust assets; permission granted for share purchases and charitable donations.
RULED IN FAVOUR OF:
Trustee L et al. (Plaintiffs).
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
Join our pro membership and get all the details at your finger tips
Want to see full case details, including key arguments and claims? [Join Pro Membership] to unlock exclusive insights.
Discover the legal strategies and defenses used in this case. [Join Pro Membership] for full access.
How long did this legal battle last, and what key events happened? [Join Pro Membership] to find out.
Uncover the critical legal principles debated in this case. [Join Pro Membership] for in-depth analysis.
See why this case matters in Banking, Mortgages, and Financial Services. [Join Pro Membership] to explore its impact.
Find out the final judgment and its legal implications. [Join Pro Membership] to access the ruling.
Understand how this judicial ruling sets a precedent in law. [Join Pro Membership] for expert breakdowns.
See how past legal precedents influenced this case. [Join Pro Membership] to unlock the list.
Download Case Summary:
Explore:
EPHESIANS 6:16
PT Satria Tirtatama Energindo v. East Asia Company Limited and Bali Energy Limited
2016
RE: C (VARIATION OF ACCESS ORDER)
2015
In the Matter of IPOC Capital Partners Limited and others
2007
Hindsight law can make mistakes. Consider checking original case studies
TRUSTEE L AND OTHERS v. THE ATTORNEY GENERAL AND OTHERS
This case concerned an application by Trustee L and other trustees of Bermuda purpose trusts seeking Beddoe relief. The plaintiffs, as trustees, sought the court's directions regarding their defense against claims made by the second defendant (D2). D2, the child of a deceased settlor, challenged the validity of the trust, alleging undue influence, improper constitution, and uncertainty. The trustees requested an indemnity to defend the trust and permission to use trust assets to continue trust operations, including share purchases and limited charitable donations.