BX v T Limited: exceptional jurisdiction to order disclosure of trust documents to non-beneficiaries

Abstract

This article examines the Guernsey Court of Appeal’s decision in BX v T Limited, which concerned an application for disclosure of confidential trust documents based upon the decision in Schmidt v Rosewood. Whilst cases involving Schmidt disclosure applications abound, they are typically brought by discretionary beneficiaries and focus on the scope of disclosure. Uncommonly, the application in BX v T Limited was made by a non-beneficiary, and so the focus of the Court’s analysis was on the threshold question of whether the applicant had a strong enough claim on the trust assets to be entitled to any form of disclosure.