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News

Privy Council Appeal in ITG v Fort Trustees

Cases

21 June 2021

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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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”.

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