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Mackinnon v The Regent Trust Company Limited & Ors

[2005] W.T.L.R. 1367

Court: Overseas
Date of Judgment: 19.05.05
Dakis Hagen QC

A plaintiff beneficiary tried to set aside three family settlements on sham-like grounds but refused to plead an intention to mislead on the parts of the settlor and the original trustees. The incumbent corporate trustee maintained that the Plaintiff's pleading disclosed no reasonable cause of action in this regard. The Jersey Royal Court and the Jersey Court of Appeal found for the trustee on its strike-out application. Douglas Close and Dakis Hagen advised the trustee.

Mackinnnon is a leading case on the doctrine of sham, consolidating the developments which took place in the earlier Jersey authority of Esteem. The Plaintiff failed in the Privy Council to win leave to appeal.

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