In re A & B Trusts v [2007] JLR 444 (17 July 2007)

In re A & B Trusts v [2007] JLR 444 (17 July 2007)

A Jersey court cannot approve a trustee's decision to participate in overseas proceedings if the trustee has already voluntarily submitted to the foreign court and is therefore obliged to participate.

Citation
[2007] JLR 444
Parties
Applicant: A & B Trusts; Respondent: Not specified
Jurisdiction
Jersey
Judgment Date
17 July 2007
Procedural Posture
Trust Application / Judgment
Outcome
Application refused
Legal Topics
Trustee Powers, Submission to Foreign Court, Matrimonial Proceedings
Trusts Trustee Powers Submission to Foreign Court Matrimonial Proceedings

Case Brief

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Parties

A & B Trusts

Applicant

Not specified

Respondent

Procedural Posture

Trust Application / Judgment

Legal Issues

  1. 1 Whether a Jersey trustee should submit to the jurisdiction of a foreign court in matrimonial proceedings involving beneficiaries
  2. 2 Whether the Jersey court can approve a trustee's decision to participate in overseas proceedings after voluntary submission

Ratio Decidendi

A Jersey court cannot approve a trustee's decision to participate in overseas proceedings if the trustee has already voluntarily submitted to the foreign court and is therefore obliged to participate.

Court Disposition

Application refused