Compass Trustees Ltd. v McBarnett [2002] JLR 321 (15 May 2002)

Compass Trustees Ltd. v McBarnett [2002] JLR 321 (15 May 2002)

The Jersey court has jurisdiction to vary a discretionary trust to comply with a foreign financial provision order in divorce, and should do so out of comity if the foreign judgment was properly considered.

Citation
[2002] JLR 321
Parties
Applicant: Compass Trustees Ltd.; Respondent: McBarnett
Jurisdiction
Jersey
Judgment Date
15 May 2002
Procedural Posture
Trust Variation Application / Judgment
Outcome
application granted
Legal Topics
Variation of Trusts, Enforcement of Foreign Judgments, Financial Provision on Divorce
Trust Law Family Law Variation of Trusts Enforcement of Foreign Judgments Financial Provision on Divorce

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Compass Trustees Ltd.

Applicant

McBarnett

Respondent

Procedural Posture

Trust Variation Application / Judgment

Legal Issues

  1. 1 Whether the Jersey court can vary a discretionary Jersey trust to give effect to a capital provision ordered by an English divorce court
  2. 2 Whether comity requires the Jersey court to enforce a properly considered foreign judgment

Ratio Decidendi

The Jersey court has jurisdiction to vary a discretionary trust to comply with a foreign financial provision order in divorce, and should do so out of comity if the foreign judgment was properly considered.

Court Disposition

application granted

Orders

  • The discretionary Jersey trust is varied to make the capital provision ordered for the wife in the English divorce proceedings.