Chai v Peng [2014] EWHC 3518 (Fam); [2014] EWHC 3519 (Fam); [2015] EWCA Civ 1312; [2017] EWHC 792 (Fam)

Financial Provision: Eyes front

Ayesha Vardag and John Oxley analyse the latest judgment in Chai v Peng, and the court’s approach to the law in a connected jurisdiction ‘The UK has clearly avoided European laws that allow for the application of foreign law in English courts, but the approach of judges has not always been consistent.’ The decision in …

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Trusts: A safe foundation

Claire Blakemore suggests that when dealing with trust assets, even the powers of the family courts have their limits ‘Any inconsistencies between how the trust is used or the trust documentation and the presentation to the court can have a significant impact on the outcome.’ The law on the treatment of trusts on divorce is …

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Jurisdiction: Competing interests

Brett Frankle examines the courts’ approach to concurrent proceedings and the factors that will be taken into account ‘The court will look to see, among other things, how closely connected to this jurisdiction the family in question is, where the assets are, and what the alternative would be if the court declined to deal with …

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Case: Chai v Peng [2014] EWHC 3518 (Fam); [2014] EWHC 3519 (Fam); [2015] EWCA Civ 1312; [2017] EWHC 792 (Fam)

Financial Provision: Eyes front

Trusts: A safe foundation

Jurisdiction: Competing interests