Jurisdiction of the courts
12.1This chapter considers whether the District Court should have concurrent jurisdiction with the High Court to exercise some or all of the powers under new trusts legislation. It also considers whether the Family Court should have jurisdiction to exercise any powers under new trusts legislation where matters involving trusts are otherwise before that court.
12.2In its 2004 report, Delivering Justice for All, the Law Commission recommended that the High Court retain exclusive or predominant jurisdiction in relation to trusts. Having now revisited that issue eight years later, we propose a different approach. This issue was discussed in the Fifth Issues Paper.