header-logo header-logo

11 September 2008 / David Barry
Issue: 7336 / Categories: Features , Family
printer mail-detail

Off shore trust?

When can (or will) Jersey courts enforce English orders? By David Barry

In The Imk Family Trust (Mubarak v Mubarik And Ors) Royal Court Of Jersey (deputy bailiff of Jersey, unreported, 15 August 2008) the husband and wife married in 1983. The husband and wife, as settlors, created the IMK Family Trust (the trust). The trust is a Jersey discretionary trust. The beneficiaries are the settlors, their named children and other children/issue. The trustees are third party trustees.

The trust owns shares in a Bermuda company which is the holding entity for the husband's business. The parties separated and the husband excluded the wife as a beneficiary of the trust. Mr Justice Bodey made an order requiring the husband to pay to the wife the sum of £4.875m (the ancillary relief orders).

The wife brought an application for the husband to be barred from any further participation in the English proceedings. Bodey J made an order providing if the husband wished to continue to participate he had to write a letter to the trustees

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
back-to-top-scroll