The 1996/1997 Cayman Islands Law Reports -Trusts

The 1996 bound volume of the Cayman Islands Law Reports is now available and the new Cumulative Index (in both paper and disk versions) covering 1952 - 96 will be published in November 1997. Part 1 of the 1997 Reports will be available around Christmas 1997.

The Reports contain all the cases decided in the Cayman Islands courts in the past 45 years on BANKING, COMPANIES, CONFIDENTIAL RELATIONSHIPS, CONFLICT OF LAWS, CONTRACT, MORTGAGES and TRUSTS. The Reports are published by Law Reports International, based in Oxford. All volumes and data can be obtained from Dr Alan Milner at Trinity College, Oxford, UK.

Cayman Islands Law Reports - Coverage of the decisions of the Grand Court, the Court of Appeal and the Privy Council.

1952 - 1996

9 volumes and Cumulative Index £765 (US$1530) plus surface mail £75 (US$150) or airmail £112 (US$225).

The Cumulative Index is available in either paperback or disk format.

1997 Volume

To be published during 1997-98.

Bound volume only: £80 (US$165) plus surface mail £8 (US$16) or airmail £12.

6-monthly Part + Bound volume £120 (US$240) plus surface mail £12 (US$24) or airmail £17.50 (US$35).

Contact details:

Telephone: +44 1865 279900
Fax: +44 1865 279883
E-mail: milner@trinity.ox.ac.uk

Sample of the data to be found in the existing Law Reports Index:

TRUSTS
Appointment of trustees 
  application by administrator on intestacy 
   administrator of intestate's estate before 1955 not vested with
   title to deceased's real property but since devolution creates 
   settlement under Settled Land Law (Jamaica, cap. 355), s.2(1), may 
   seek court appointment as trustee under s.44(1): Powery v. Powery 
  (C.A.)........(vol. 1952 - 79, p. 52)
Beneficiaries 
  "benefit" to beneficiary. See Variation
  children 
    illegitimate child or issue claiming through illegitimate line 
    not to be treated as beneficiary within meaning of words "child" 
    or "issue" - common law construction applicable in Cayman
    Islands - unless displaced by express words or particular 
    circumstances - wider implications to be considered, particularly 
    effect on other families entitled to assume common law 
    construction: RHB Trust Co. Ltd. v. Butlin (Grand Ct.)
    ........(vol. 1992 - 93, p. 219)
  joinder as defendant to summons for directions 
    beneficiary to be joined as defendant if summons seeks directions 
    for proceedings against him - not normally to be provided with 
    evidence or allowed to attend hearing - general rule flexible 
    according to circumstances: In re Ojjeh Trust (Grand  
    Ct.)........(vol. 1992 - 93, p. 348)
 rights 
  right to costs - no pre-emptive order for costs of action challenging
    bona fides of trustee if (a) beneficiary not acting on behalf of 
    all beneficiaries; (b) not suing for disinterested reasons; (c)  
    order not necessary to ensure proper representation of all 
    interests, or because beneficiary lacks funds - order for costs 
    made after event if proceedings later shown to be for benefit of 
    trust: Lemos v. Coutts & Co. (Cayman) Ltd. (C.A.)
                 .......(vol. 1992 - 93, p. 460) 
  right to costs - under Trusts Law (Revised), s.45 beneficiaries may 
    be awarded costs of participation in trustees' summons for 
    directions on indemnity basis from trust fund if incurred for 
    benefit of trust or beneficiary participates with legitimate 
    expectation of award of costs: In re 
    Ojjeh Trust (Grand Ct.).......(vol. 1994 - 95, p.118)
  right to disclosure of accounts - court may grant limited 
    disclosure of accounts in action against trustee on condition 
    that used only in Cayman action if evident that beneficiary 
    fishing for information to assist foreign action challenging 
    trust: Lemos v. Coutts & Co. (Cayman) Ltd. (C.A.)........ (vol. 1992 
    - 93, p. 460)
  right to disclosure of trust information - beneficiary making case 
    for detailed information of companies belonging to trust to
    specify documents and to undertake not to copy or disclose except 
    to advisors - court may order disclosure if no valid objection by 
    trustees, directors or other beneficiaries: In re Ojjeh Trust 
    (Grand Ct.)........ (vol. 1992 - 93, p. 348) 
  right to inspect trust documents - based on qualified proprietary
    right in trust assets - may inspect and copy essential trust 
    documents but no automatic right to details of companies owned by 
    trust - may make special case for disclosure: In re Ojjeh Trust 
    (Grand Ct.).......(vol. 1992 - 93, p. 348)
  right to inspect trust documents - beneficiaries entitled to 
    inspect and copy deeds of appointment referred to in trustees' 
    affidavits to be certain of identities of trustees and other 
    beneficiaries - similarly entitled to inspect letters of wishes 
    referred to in affidavits to ascertain terms of trust: Lemos v. 
    Coutts & Co. (Cayman) Ltd. (Grand Ct.)..........(vol. 1992 - 93, p. 5)