BX v T Ltd (as trustee of the W Trust) & ors (Guernsey Court of Appeal, 20 August 2025)
In BX v T Ltd (as trustee of the W Trust) & ors the Guernsey Court of Appeal has upheld a decision to refuse disclosure of trust information to an object of a power of addition. The judgment contains a detailed analysis of the court’s inherent jurisdiction to order a trustee to disclose trust information and documents to a person who is not presently the object of any dispositive power, but is the object of a power to add further objects to the trust.
At [95] and [96] the Guernsey Court of Appeal held that in order for an object of a power of addition to be granted relief of the kind sought (viz. disclosure of trust documents and information) that person "must show that it is right to treat him or her in as great a need of the protection of the court as the object of a dispositive power … In ordinary circumstances, that will mean showing, as a minimum, that the object has a strong, if not a very strong, expectation (objectively speaking) of being appointed in due course to the class of objects of the dispositive power."
Applying these principles, the Guernsey Court of Appeal held that the first instance judge was correct to refuse the application for disclosure, and dismissed the appeal against that decision.
The application for disclosure was successfully resisted by the existing beneficiaries of the trust, represented by Walkers Guernsey (led by Adam Cole) and assisted by Macfarlanes (led by Lil Doherty), Richard Wilson KC and Harry Martin. Serle Court members James Weale, Zahler Bryan and Richard Hine are also instructed in respect of the litigation.
The judgment can be read in full below.
Related Barristers
Described by The Legal 500 as “one of the stars of his generation”, Richard Wilson KC specialises in litigation, drafting and advisory work across traditional and commercial chancery. His practice focuses on trusts and probate, both contentious and non-contentious, related company and partnership law, claims under the Inheritance (Provision for Family and Dependants) Act 1975, tax, professional negligence and civil fraud.
Richard has acted in many of the most significant and high-value cases in these areas in recent years. He is currently involved in several disputes concerning the estates of ultra-high-net-worth individuals (UHNWIs) in England and overseas.
His practice frequently involves offshore matters and private international law. He has appeared before the Privy Council, the Supreme Court and Court of Appeal of Gibraltar, the Supreme Court and Court of Appeal of Bermuda, the Supreme Court of The Bahamas, the Grand Court of the Cayman Islands, and the Eastern Caribbean Supreme Court and Court of Appeal. He has also provided expert evidence on English law before the Royal Courts of Jersey and Guernsey.
Richard regularly acts in disputes across all the principal offshore jurisdictions. A significant proportion of his practice involves international clients, particularly those based in Asia, including Hong Kong.
Richard Wilson KC
Call: 1996
Silk: 2016
James Weale KC has a very busy commercial chancery practice with a focus on domestic and international commercial and trusts disputes.
He is recognised as a leading practitioner in those fields by Chambers & Partners, Legal 500, Chambers Global, Chambers High Net Worth, and Who’s Who Legal, where they describe him as a “brilliant lawyer” and a “Superstar”. He was Chambers & Partners’ Chancery Junior of the Year in 2023.
He regularly appears (both as sole and junior counsel) in the English High Court and has appeared several times in the Court of Appeal. He also has considerable experience in overseas jurisdictions (including as sole counsel), including Bermuda, the DIFC, the BVI, Cayman, Jersey, Guernsey, Gibraltar and Panama.
James Weale KC
Call: 2007
Silk: 2026
Zahler Bryan has a broad commercial chancery practice, with a particular emphasis on contentious trusts, civil fraud and financial disputes.
She regularly advises on a wide range of matters, with considerable experience in large-scale commercial and trust disputes spanning an extensive range of jurisdictions.
Zahler also has a particular interest in appellate work and has appeared in the Supreme Court and the Privy Council.
Described as “razor smart and a great asset to any team“, Zahler was awarded ‘Chancery Junior of the Year’ at the Legal 500 UK Bar Awards 2023.
Zahler Bryan
Call: 2012
Harry Martin has a busy junior practice specialising in chancery, commercial chancery, and art and cultural property work. He advises in relation to contentious and non-contentious matters, both in England & Wales and in other jurisdictions.
Harry is ranked as a leading barrister in the Chambers UK Bar and Chambers High Net Worth guides, which describe him as “a rising star”, and “very bright and commercial in his advice”.
Harry Martin
Call: 2012
Richard Hine
Call: 2023
