Lawyer publishes comprehensive guide to Litigating trust disputes

Friday 24 February 2017

A leading lawyer has published what is believed to be the first comprehensive guide to litigating trust disputes in Jersey.

James Sheedy, who is both a qualified Jersey Advocate and an English barrister, specialises in litigation, with a particular focus on contentious trusts, asset tracing, and commercial and company law disputes at Baker and Partners.

It's claimed that the book, "...is an indispensable tool for trust professionals and legal practitioners with clients that have an exposure to trust structure in Jersey, whether through a trustee, a beneficiary or a protector, enforcer or other power holder. The book is also of importance to matrimonial, criminal or insolvency practitioners seeking information or documents for the purposes of foreign proceedings and those seeking asset recovery or enforcement against assets subject to Jersey trusts."

A major review of Jersey's Trust Law is currently being undertaken and is expected towards the end of the year. There's speculation it might recommend changes to bring it in line with legislation in Guernsey.

Advocate Sheedy says that changes in respect of the proposed reforms to Article 29 Trusts (Jersey) Law 1984 could have both pros and cons. On the positive side, it's possible the new legislation might better express how the law actually works, while the downsides include the element of uncertainty and the Guernsey statute's imperfections.