Shân Warnock-Smith KC appeared in the Privy Council for the successful Appellant in Equity Trust v Halabi (aka Z Trusts) on appeal from the Jersey Court of Appeal. The resulting landmark judgment handed down on 13 October concerned the position of successive trustees where the trust fund is insufficient to satisfy claims under their indemnities for costs and expenses reasonably incurred. The Privy Council, by a majority, found for the Appellant in deciding that such claims rank pari passu, there being no priority for earlier-appointed trustees. The court also held that the trustee’s indemnity right or “lien” gives it an equitable interest, comprising the right to have the trust fund applied towards its indemnity, that continues to subsist on a transfer of the fund to subsequent trustees. The decision has far-reaching implications for trustees and their creditors. Shân was instructed by Damian Lewis and Simon Hurry of Collas Crill in Jersey. To read the full judgement please click here.
This website uses cookies so that we can provide you with the best user experience possible. Cookie information is stored in your browser and performs functions such as recognising you when you return to our website and helping our team to understand which sections of the website you find most interesting and useful. You can adjust your preferences below.
Essential Cookies are enabled at all times so that we can save your preferences for cookie settings. These cookies do not collect any personal or sensitive information or IP addresses. Furthermore, the information they store is not sent to any 3rd parties.
This website uses third party cookies such as Google Analytics and Facebook Pixel to collect anonymous information, for example the number of visitors to the site, and the most popular pages. Keeping this cookie enabled helps us to improve our website.
Please enable Essential Cookies first so that we can save your preferences!
More information about our Cookie Policy