Wragge Lawrence Graham & Co

UK 200 2014 position: 28

Case summary: Michaela Walker & Ors v Paul Egerton-Vernon & Ors [2014] JRC 025

The Royal Court in Jersey has ruled that a private trust company (PTC) seeking to bring claims for breach of trust against its predecessors could not benefit from the Jersey law doctrine of empêchement d’agir. This was because the PTC had not been incorporated at the time that the three-year deadline for bringing claims under article 57(3B) of the Trusts (Jersey) Law 1984 expired. The doctrine of empêchement stops time running on limitation periods in situations of practical impossibility.

The first to third plaintiffs were beneficiaries of a Jersey law discretionary trust bringing negligence claims of around £130m against the first to third defendants, the former trustees, as well as breach of contract claims against the fourth defendant, the former trust administration services provider…

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