Guernsey Judgment 18/2010 - Arun Estate Agencies Ltd v Kleinwort Benson (Guernsey) Trustees Ltd

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Trusts (Guernsey) Law, 2007 - Royal Court Civil Rules, 2007 (Rule 35) - trust set up to provide retirement benefits for employees - mistake as to ability to claim deductions for UK Corporation Tax purposes - application to set aside the trust and return assets to the Applicant which had been paid by it into the trust - proper parties to the present action - Court required by the Trust Deed to apply English law to determine the present application - held that the Court had no power to attach conditions to the relief sought - application granted on the grounds that the Trust Deed contained a fundamental error which prevented the purpose of the trust being put into effect.