C v C & Ors

C v C & Ors

The English court has jurisdiction under the Variation of Trusts Act 1958 to approve the variation of the 1950 Kenyan settlement because Kenyan law confers a similar power, and the arrangement is for the benefit of the minor, unborn, and unascertained beneficiaries. The court should exercise its jurisdiction given the close association with the other settlements governed by English law and the absence of any prohibition under Kenyan law.

Parties
Claimant: C; Defendant: C; Defendant: First Defendant; Defendant: Second Defendant; Defendant: Third Defendant; Defendant: Fourth Defendant; Defendant: Fifth Defendant; Defendant: Sixth Defendant
Jurisdiction
England and Wales
Judgment Date
19 May 2015
Procedural Posture
Variation of Trusts Act Application / Substantive Hearing and Judgment
Outcome
Application granted; variation and compromise approved.
Legal Topics
Variation of Trusts, Jurisdiction of English Courts Over Foreign Trusts, Recognition of Foreign Law, Hague Trusts Convention
Trusts Private International Law Variation of Trusts Jurisdiction of English Courts Over Foreign Trusts Recognition of Foreign Law Hague Trusts Convention

Case Brief

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Parties

C

Claimant

C

Defendant

First Defendant

Defendant

Second Defendant

Defendant

Third Defendant

Defendant

Fourth Defendant

Defendant

Fifth Defendant

Defendant

Sixth Defendant

Defendant

Procedural Posture

Variation of Trusts Act Application / Substantive Hearing and Judgment

Legal Issues

  1. 1 Does the English court have jurisdiction under the Variation of Trusts Act 1958 to vary trusts governed by Kenyan law?
  2. 2 Is the proposed variation and compromise for the benefit of the minor, unborn, and unascertained beneficiaries?
  3. 3 Does the arrangement constitute a resettlement of trust property?

Ratio Decidendi

The English court has jurisdiction under the Variation of Trusts Act 1958 to approve the variation of the 1950 Kenyan settlement because Kenyan law confers a similar power, and the arrangement is for the benefit of the minor, unborn, and unascertained beneficiaries. The court should exercise its jurisdiction given the close association with the other settlements governed by English law and the absence of any prohibition under Kenyan law.

Court Disposition

Application granted; variation and compromise approved.

Orders

  • Terms of compromise approved and binding on minor, unborn, and unascertained beneficiaries.
  • Claimant and first and sixth defendants as trustees directed to carry terms of compromise into effect.