Judge rejects bid to step aside in trust dispute with former Ogier trustee - Jersey Evening Post
by Christie Bailey · Jersey Evening PostPosted inNews
Judge rejects bid to step aside in trust dispute with former Ogier trustee
by Christie Bailey 14 July 202613 July 2026
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Credit: Robbie Dark
A ROYAL Court judge has rejected an attempt to have himself removed from a long-running trust dispute, warning against arguments that could lead to “judge shopping”.
Commissioner Matthew Thompson refused an application by plaintiff Thomas Kubr to recuse himself from proceedings against Ogier Global Trustee (Jersey) Ltd, ruling that a fair-minded observer would see “no real possibility” of bias.
The dispute centres on Ogier’s former role as trustee of two Jersey trusts established in 2022. Relations between Mr Kubr and the trustee broke down over disputed fees, the administration of the trusts and allegations of breaches of trust. Ogier retired as trustee after the appointment of a successor.
Mr Kubr argued that the Commissioner should step aside because he was formerly a partner in the Ogier Group before becoming a judge. He also said the Commissioner had previously seen confidential material during related trust proceedings.
But Commissioner Thompson said his connection with Ogier had ended years before the company at the centre of the dispute even existed.
The Commissioner said he retired in 2013, with all payments arising from his retirement concluded by the end of 2015. Ogier Global Trustee (Jersey) Ltd was incorporated two years later, in 2017.
Addressing arguments about any continuing connections with the wider Ogier Group, Commissioner Thompson rejected suggestions that historic professional links or social contact with former colleagues could justify recusal.
“The plaintiff’s approach also runs into the danger of judge shopping because it would make it all too easy for judges not to have to sit,” he said.
He added that there were “real benefits to having judges who have worked with local lawyers for many years and who understand their own community”.
Addressing concerns over confidential evidence, Commissioner Thompson said the material related only to communications with Mr Kubr’s former partner about the appointment of a new trustee and had nothing to do with the allegations now being pursued against Ogier.
“There is therefore no information that the court has seen which the plaintiff has not seen relevant to the allegation in the Order of Justice Proceedings,” he wrote.
Refusing the application, Commissioner Thompson concluded: “The test of a fair-minded observer was not met.”
The trust dispute between Mr Kubr and Ogier Global Trustee (Jersey) Ltd will now continue before the same judge.
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