Holly Tootill, Clare Williams and Hannah Pilling ask how, when and why third parties should be joined to financial remedy proceedings The issue of joinder of other parties is now routinely raised in every case where there is even a hint that there may be a third-party interest. The power of the court to join …
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Wills & Trusts Law Reports | September 2016 #162The wife applied to join the trustees of the A trust and the B trust as parties to the litigation between the husband and wife. The husband was the settlor of both trusts. At one point husband and wife had been beneficiaries. They have now been irrevocably excluded from benefit. The wife was applying to vary both trusts.
One trust was subject to BVI jurisdiction and the other to the jurisdiction of the Swiss courts. The trustees of each trust were not submitting to the jurisdiction, and were intending to apply to the foreign courts for directions as to what to in respect of the l...
Vicki McLynn considers the question of the interests of third parties in financial remedy proceedings ‘When the family court is determining a dispute between a spouse and a third party it must be approached on the same basis as if it were being determined by the Chancery Division.’ The issue of third-party interests in financial …
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