Jersey Unreported Judgments

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Cite as: [2001] JRC 144A

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2001/144A

ROYAL COURT

(Samedi Division)

7^th July 2001

Before:

P.R. Le Cras, Esq., Commissioner

and Jurats de Veulle, and Quérée.

IN THE MATTER OF

The B Settlement

AND

IN THE MATTER OF

An application by the Trustee of the Settlement, for directions under Article 47 of the Trusts (Jersey) Law, 1984.

Preliminary Application by the Trustee for directions as to whether an application under Article 47 of the said Law may be heard by the President sitting alone without Jurats.

Advocate M.J. Thompson for the Trustee.

Advocate D.J. Benest, Guardian ad Litem of the minor

Beneficiaries of the Settlement.

judgment

THE COMMISSIONER:

1. Counsel has raised the question as to whether on an application under Article 47 of the Trusts (Jersey) Law it is necessary for the Jurats to sit or whether the President can sit alone, and has asked for a ruling. Although this is an Article 47 application, it is to a great extent a procedural one. As far as can be seen, there are no facts to be found. It is a case of evaluating claims on the affidavits to date, not of finding any facts and is therefore, in my view, an exercise of Judicial discretion where the Bailiff, or, more accurately, the President, can sit alone and in a case of this nature indeed ought to do so in order that the case may move forward with celerity as was done on a regular basis in the proceedings in Trueger. The Jurats will leave us and we will continue after a short adjournment during which I hope to read the papers which are yet to come.

No Authorities

.