Thomas Fletcher appeared with Simon Taube QC of 10 Old Square and James Brightwell of Serle Court in the Privy Council appeal in ITG v Fort Trustees. The appeal from the Court of Appeal of Guernsey was heard together with the appeal from the Court of Appeal of Jersey in Equity Trust (Jersey) Ltd v Halabi over 3 days on 15 to 17 June 2021 before a 7-member panel of the Judicial Committee. The appeal raises fundamental issues regarding the nature of the trustee’s right of indemnity and the order of priority where a trust is “insolvent”. A summary of the issues and facts can be read here.
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