James Gleeson, James Dickinson and Craig Swart act for GTC (previously Rawlinson & Hunter Trustees SA) in proceedings relating to the Tchenguiz Discretionary Trust (TDT). GTC has also been the trustee of other trusts associated with Robert Tchenguiz (“RT”). Various proceedings have arisen out of RT’s application to confirm his replacement of GTC with new Trustees (there have been eight sets of proceedings) which are related to the well-known £160m Investec v Glenalla proceedings in Guernsey. DG has been advising GTC in relation to ongoing proceedings concerning the TDT and related trusts and representing it in proceedings in Jersey as to the validity of appointment of additional trustees and subsequent transfer of trusteeships. One issue which has arisen regarding GTC ceasing to be trustees is that GTC had been provided with a personal indemnity from RT in relation to legal costs, by RT’s secretary, cc’d to RT and bearing his signature. RT now claims his secretary signed his signature without his authority, or knowledge, and he did not read the email. The validity of the indemnity was considered at a 5-day trial in March 2025 The unusual facts means the judgment will be ground-breaking on the issues of ostensible. Judgment is reserved.

James Gleeson (assisted by Emma Broster) is instructed by members of a defined benefit pension scheme to challenge the decision of their erstwhile employer (HSBC Bank) to provide a discretionary annual increase to their pension benefit which did not follow past practice in relation to the manner in which the increase was calculated. In December 2022, the trustee recommended that an increase of 14.2% be approved; however, the Bank granted only 4% increase. The Trustee of the Scheme, having considered it “seriously arguable” that the Bank’s decision did not comply with the duty of good faith applicable to a sponsoring employer exercising a personal power in these circumstances, as established by the UK Court of Appeal in IBM v Dalgleish case, has referred the determination of the dispute to the Royal Court by way of Representation procedure. These proceedings are thought to be the first of their kind to appear in the Jersey Courts and the resulting judgment will establish new territory for the Island’s jurisprudence.

James Gleeson (assisted by Andrew Venables and Robert von Rettig) act for GTC (a Swiss-based professional trustee) in GTC’s breach of trust claim against a former trustee. GTC’s claim is for a sum in excess of £138m plus investment losses. The claim relates to the former trustee’s failed acquisition as trustee of a nationwide leisure business which went into administration shortly post-acquisition. The acquisition employed sophisticated funding and corporate structures, and the claim (which the former trustee denies in full) will give rise to complex legal issues, including causation (hypothetical counterfactuals vs but-for-causation) and quantum (calculation of investment losses).

James Gleeson (assisted by Julia Smirnova and Andrew Venables) acts for the Protector of three related Jersey-law discretionary trusts in a multifaceted family-business dispute, involving a household name business. The dispute is currently focused on Art 51 TJL proceedings being brought in Jersey by the Trustees in respect of a blessing application, which concerns the main family asset, a UK Listed PLC and related companies. The firm’s advice addresses a range of issues, including confidentiality and disclosure of documents to the Protector in the context of his power to consent to certain decisions of the Trustee, and more recently in relation to a potential asset allocation of the Trust fund as between its two principal beneficiaries in the context of a momentous decision leading to the splitting of the Trust interests. There have been numerous hearings on the matter, and a number of other Jersey and English law firms are involved.

James Gleeson acted for a professional trustee in relation to a confidential application to the Royal Court for relief under Jersey’s equivalent of the “Hastings-Bass mistake” jurisdiction. The application primarily sought partial rescission of an arrangement which was entered into as a result of the trustee’s mistaken understanding of the trust’s tax position.

[2020] James Dickinson and Jonathan Barham advised a trustee in the defence of a claim for USD17 million arising from alleged breaches of trust.

[2019] James Dickinson (with the assistance of Guillaume Staal) acted as an expert witness and provided an opinion for use in Hong Kong divorce proceedings addressing the question of whether the Jersey Courts would consider the “firewall” protection (conferred by Article 9 of the Jersey Trusts Law, 1984, as amended,) to be lost if the trustees of Jersey trusts submitted to the jurisdiction of the Hong Kong Courts.

James Gleeson acted for Ocorian Trustees (Jersey) Limited. The Grand Trust was the subject of substantial breach of trust proceedings at Royal Court and Appellate level (see, inter alia, Crociani & Others (2017) (2) JLR 303; and Crociani & Others (C.A.) (2018) (2) JLR 175). The trust comprises two trusts for each of Madame Crociani’s daughters, Camilla’s Trust and Cristiana’s Trust. Proceedings in breach of trust were issued by Cristiana and her daughters and, following a lengthy trial in 2017, the Court found in favour of the plaintiffs and ordered reconstitution of both Cristiana’s and Camilla’s Trusts. Ocorian were appointed new trustees. Following the judgment of the Court of Appeal in summer 2018, settlement negotiations have resulted in a compromise of a substantial number of the extant claims ([2019] JRC013 [2018] JRC001).