TM v AH [2016] EWHC 572 (Fam)

Analysis

The 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 litigation.

Held:

1. 1) An applicant for joinder must show either (a) an existing matter in dispute which requires for its resolution the joinder of a new party or (b) there is a matter in dispute between a party and proposed party which is connected to the main mattes in dispute and it is desirable to resolve all of the issues together.
2. 2) It was consistent with Article 6 ECHR that, if it is proposed that a court varies a trust, the trustees should be joined.

3) There was an existing matter in dispute that required the joinder of the trustees, as the wife was applying for very substantial changes to the trusts. The trustees should be joined so that they can have their say on the application.

MOOR J: [1] I have to decide on an application dated 24th February 2016 that is made by the wife in this case. I am going to call the parties ‘the husband’ and ‘the wife’. I don’t mean to be offensive to them by doing so. I just do so for the sake of convenience. …

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