Beneficiaries contend that a trustee has not been validly appoined. They’ve commenced proceedings, relying on Art 5(6) of Judgment Regulation. Can it be said that the Defendant trustee is being sued as a trustee for the purpose of htis provision?
Yes, it seems so, because the Schlosser report (on the Brussels Convention but still authoritative for this purpose) says at para. 111 that art. 5(6) was meant to cover problems “between persons claiming the status of trustees”. Though the wording refers to disputes between trustee and trustee, or supposed trustee and trustee, it must equally cover a similar dispute raised by beneficiaries.
Nicholas Le Poidevin, Q.C.