Tag Archives: Limitation
Q: What is the limitation period for a claim for breach of duty against a director of a Jersey company? A: How many angels can dance on the head of a pin?
May 16, 2017 in Jersey, Litigation, Thoughts.
Jersey Royal Court Declares Limitation Period for Dishonest Assistance Claims
The Jersey Royal Court has finally laid to rest the long-standing debate concerning the jersey limitation period for claims in dishonest assistance. In the extremely lengthily decision (at 519 paragraph) of Nolan & Ors v Minerva Trust Company Limited and Ors [2014]JRC078A the Royal Court held that the relevant prescription period is 3 years from…
June 30, 2014 in Trusts.
UKSC Decision Curtails Limitation Period for Secondary Liability Claims – Williams v Central Bank of Nigeria [2014] UKSC 10
The UK Supreme Court has decided (in a somewhat long judgment which is worth reading to appreciate some of its subtleties) that the indefinite limitation period for actions under s 21(1)(a) Limitation Act 1980 in cases of "any fraud or fraudulent breach of trust to which the trustee was party or privy" does not apply…
February 23, 2014 in Thoughts, Trusts.
Beneficiary Secures Victory in Concealed Denial of Trust Claim
A beneficiary recently succeeded in a claim for breach of trust against his grandfather who, having declared that he held the beneficiary's share as sub-trustee, continued to act as if he had retained the beneficial interest. The significance of the decision in Sheffield v Sheffield and others [2013] EWHC 3927 (Ch) is likely to be confined…
January 25, 2014 in Trusts.