Representation of A and B re the C Trust JRC098 14-May
Previously in the case of In the matter of the
representation of the Sanne Trust Company Limited  JRC
025B, the Royal Court held that steps may be taken to protect the
identity of minors and the privacy of the trust arrangements, but
there is no reason to anonymise professional advisers who have
committed mistakes; the Royal Court has now extended this principle
to trustees and protectors whose actions have been criticised by
Background to case: In the matter of the representation of the
C Trust JRC086B
The Royal Court set aside an instrument of appointment on the
ground that the decision of the trustees was one at which no
reasonable trustee could have arrived. For the avoidance of doubt,
minor grandchildren were excluded as beneficiaries during the
lifetime of the widow. The Court's judgement was critical of
the widow, the father, the trustee and the protector and the
trustee, protector and widow sought the anonymisation and redaction
of the judgement.
It should be noted that although the application to set aside
the instrument was brought under Article 51 of the Trusts (Jersey)
Law 1984 (as amended), these were hostile proceedings to be heard
in open court.
The leading Jersey authority on anonymity remains JEP-v-Al Thani
 JLR 542 but the principles to be applied in trust cases was
summarised by the Court In the matter of the representation of the
Sanne Trust Company Limited whereby the following was held:
justice must be done in public
in Jersey considerable importance is attached to the
confidentiality of private trusts and hence administrative
applications under Article 51 of the Trusts Law are customarily
heard in private;
An application for rectification is not an administrative
matter of that kind because (i) there is no public interest is
sparing the blushes of professional advisers who have made
mistakes; (ii) it can be said that there is public interest in
ensuring that such mistakes are put into the public domain so
clients can be made aware of them; and (iii) exercise of the
court's discretion may affect others, particularly tax
Public justice verses confidentiality can be achieved by
sitting in public and redacting the Court's judgement so names
are not visible, but this does not apply to mistakes by
professional advisers unless it would reveal the public exposure of
private family arrangements which would have otherwise remained
The Royal Court held as follows:
Public Interest: Just as mistakes by
professional advisers in rectification cases were of public
interest, so is the conduct of trustees and protectors carrying on
trust company business in the Island.
Anonymisation and Redaction: It was inevitable
that confidential trust information was now in the public domain as
it constituted a major part of the evidence upon which the Court
based its findings and to redact such information would leave the
decision of the Court bereft of meaning.
Affected Third Parties: The Royal Court
rejected taking steps to avoid the Family Division of the High
Court of England and Wales being aware of the judgement's
terms; the Family Division of the High Court should make a decision
based upon the true financial position of the parties and there is
a duty upon the trustee to make sure the fullest information is
available to the parties, and through them, to the High Court (In
the matter of H Trust  JLR 280).
Consequently the Royal Court ordered the publication of the
judgement in full, but redacted certain information to the extent
necessary to protect the minor grandchildren from being identified
and to protect the privacy of family members.
It should not come as a surprise to any Jersey trustee that if
the Royal Court criticises certain actions, that such criticism may
become public knowledge. However, the Royal Court has now confirmed
that criticism of professional advisers, trustees, protectors and
perhaps others will now be made public and the only redaction
permissible will be to protect certain family members.
My friend was married to a Muslim man and they had a daughter together before he divorced her. He recently passed away, leaving another daughter from his first wife, whom he divorced before marrying my friend.
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