Offshore: What is appropriate?

Robert Lindley and Wesley O’Brien discuss cases where offshore courts act as auxiliaries to those onshore Generally, for a foreign judgment to be capable of enforcement in an offshore common law jurisdiction such as Cayman or Jersey, it must be final and conclusive, for the payment of a sum of money and made by a …
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Asset Protection: Unauthorised access

Peter Steen and Bethan Byrne consider firewall legislation and analyse the continued conflict with the English Family Division ‘This article explores what chinks there are in the armour of offshore jurisdictions and considers how efforts are increasingly being made to sidestep the firewall rules.’The current buzzwords of the offshore worlds are ‘transparency’ and ‘accountability’. In …
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C v C [2015] EWHC 2699 (Ch)

Wills & Trusts Law Reports | March 2016 #157

The claimant applied under the Variation of Trusts Act 1958 to vary the trusts of four family settlements and for the compromise of an issue as to the validity of the two most recent of those settlements. Three of the settlements, one made in 1932 and two in 1996, were governed by English law. The fourth settlement, made in 1950, was governed by Kenyan law. The 1932 and 1950 settlements were made by the first defendant’s late father. The 1996 settlements were discretionary settlements made by the first defendant.

The claimant and defendants were each trustees and/or...

Nuptial Settlements: Break it up

Antonia Barker outlines P v P, which sheds light on the circumstances in which a trust will be considered a nuptial settlement ‘Practitioners should be aware that even where the ultimate trust is not a nuptial settlement, any individual settlement of an asset into that trust, or even the right to occupy a trust property, …
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