TRUSTS; COSTS ON THE TRUSTEE BASIS; ALHAMANI ASSESSMENT

Re Ocorian Private Trustees (Jersey) Limited and Ocorian Limited re T Trust [2026] JRC 224

The Royal Court usefully examined the nature of what is known in Jersey as an Alhamrani assessment This is an assessment of the quantum of a trustee’s costs, in response to a challenge as to the quantum, when the Court has ordered that it is entitled to have its costs and expenses paid out of the trust fund on the trustee basis. The Court answered five specific questions regarding the relation of an Alhamrani assessment to ordinary taxation of costs as between parties to litigation under the Royal Court Rules 2004 and related practice directions. The Greffier is not bound to apply any of the principles for the taxation of costs, and Factor A and B rates are not applicable, but may by discretion choose to adopt some by analogy. In this case the Greffier Substitute’s decision to require the trustee’s bills of costs to follow the format of Form 1 or Form 2 of PD RC 09/01 was within the bounds of a reasonable decision.

Bridgeford A, WDJL, 24 -30 August 2026