Costs of trustees and beneficiaries: Trilogy v YT Charitable Foundation (International) Ltd

As the Court of Appeal of Jersey made clear in Trilogy v YT Charitable Foundation (International) Ltd [2012] JCA 204: ‘In the present day, the courts in this jurisdiction are the location for some of the most intricate and advanced trust litigation in the world.’ Trust litigation is often necessary; it is always expensive. Here, Mourant Ozannes examine the principles relating to costs in non-adversarial trust proceedings.

In Trilogy v YT, the Jersey Court of Appeal considered the costs of trustees, beneficiaries and other convened parties, as well as considering the difference between costs at first instance and costs on appeal. The Court of Appeal elucidated the approaches to be adopted as follows…

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