Ogier succeeds in securing a multi-million fraud judgment for BDO and Creditforce Limited

Ogier succeeds in securing a multi-million fraud judgment for BDO and Creditforce Limited

In the recent case Cohen & Crooks as Joint Administrators of the Estate of James Donald Hanson & Anor v Arbitrage Research and Trading S.A. & Ors, Ogier successfully represented the plaintiffs and, after a ten-day trial, secured a multi-million fraud judgment against the former trustee of a Jersey trust.

The Ogier team was led by partner Nick Williams, working alongside partner James Angus, who acted as trial advocate, and senior associate Matthew Davies.

In its judgment, the Royal Court of Jersey revisited the test for determining whether a trust is a sham and also considered, for the first time, when it might be appropriate to exercise its statutory jurisdiction to save a trust which is wholly or partially unlawful.

Read the full briefing on the case.

Following this judgment, the Royal Court of Jersey confirmed and developed the test for when indemnity costs will be awarded against an unsuccessful litigant. The Ogier team successfully appeared for BDO and Creditforce, and obtained an indemnity costs order against the trustee who had previously been found to have misappropriated trust assets.

For more information, read our snapshot.