[2025]GRC086 - Trident Trust Company (Guernsey) Ltd v ESMS Global LTD et al - 03 - November - 2025

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The Royal Court of Guernsey held that, in the absence of misconduct and given the administrative nature of the application, all parties to the ESMS Employee Benefit Trust costs proceedings are entitled to have their costs paid from the trust assets on the indemnity basis. The Court rejected arguments to deprive the Applicant of indemnity or to treat any party as a “winner” or “loser”, finding all convened parties were necessary for the resolution of the construction issue.