Jurisdiction: Pakistan or England?

Bolt Burdon | July/August 2021 #225
Alexa Payet provides some useful guidance on cross-border probate disputes In deciding whether Pakistan was the natural and more appropriate forum for the trial, the court applied the factors outlined in Spiliada. In the case of Rehman v Hamid [2019], Mrs Ali was born in pre-partition India in 1942. Upon partition Mrs Ali and her …

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Offshore: A sting in the tail?

Ogier | May 2021 #223
Recent Cayman Islands case law has focused on the effect of firewall and forum of administration provisions on trusts. Rachael Reynolds and Deborah Barker Roye examine current judicial thinking and how principles apply in England and Wales While the firewall legislation provides robust protection for Cayman trusts against attack from orders of foreign courts… it …

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Overseas divorce: Tread carefully

Clarke Willmott LLP | April 2021 #202
Lizzie Smith and Laura Bond summarise the key elements of relief under Part III of the Matrimonial and Family Proceedings Act 1984 and the potential implications of the UK leaving the EU on such claims That a foreign court may have already made a financial order is not an automatic bar to a claim under …

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Brexit: Cross-border conundrums

OGR Stock Denton LLP | April 2021 #202
Graeme Fraser and Eleri Jones explore the recognition and enforcement of maintenance following the UK’s withdrawal from the EU It is vital to consider these issues at the outset due to the ‘indirect’ jurisdiction rules which apply if enforcement abroad in a 2007 Hague Convention country is likely to be required. Since the UK referendum …

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