THE SUPREME COURT OF BERMUDA
CIVIL JURISDICTION
2010 No 426

RE THE TRUST

BERMUDA TRUST COMPANY LMTED



 

 

 

SKELETON ARGUMENT FOR THE DEFENDANT

 

1 This is an application by the Plaintiff trustee to the court for
endorsement of four appointments of a trust fund valued at about $7.25 billion
as at 31 December last. BTCI. wishes to have the court?s endorsement because of

the ?momentous? nature of the appointments.

2 Dearm?
- 

BTCL asks the court to make a representatiOn order appointing the Defendant to

represent other bene?ciaries affected by the proposed appointments.

3 Theguardian has take advice from this ?rm and from English leading
counsel (Robert Ham, QC) on the application and counsel has written an
Opinion dated 9 December 2010 considering the matter. Counsel explains that
the role of - and her advisers is to test the application, but that that does
not mean that they musr advance arguments that are without merit After a
detailed examination of the scope of the power of appointment relied upon
and the propriety of its proposed exercise he concludes that there is in no

possible objection to what BTCL proposes.

4 The court is respectfully asked to read that Opiniorr a copy of which is

attached. We adopt the analysis and reasoning of the Opinion.

5 As appears his Opinion, Counsel?s advice is that the proper stance for the

guardian ad [item to adopt is to indicate to the court that she has taken advice

on 21:: but she has barn unable |dcnufy my ma
mm 053m .0 mm, and that she does not oppnce m: mm

mgr" by BTCL

a As be: imam haun-- nccapw advice,
and dogs not chemfor: oppose the rclmIsoughl by am.

December 2010

Quin

Dun-us 

Semor Counse'