Mrs FM -v- ASL Trustee 6-Feb-2006 [2006] JRC 020A (06 February 2006)

Mrs FM -v- ASL Trustee 6-Feb-2006 [2006] JRC 020A (06 February 2006)

The Jersey court, exercising its discretion, held that the interests of justice and comity required it to give effect to the English High Court's order, given the husband's wilful failure to support his wife and children, the fairness of the English orders, and the absence of other assets. The court ordered the exclusion of the husband from the trust, deletion of his life interest, and assignment of his loan interest to the wife.

Citation
[2006] JRC 020A
Parties
Applicant/wife: FM; Respondent/husband: RM; Trustee: ASL Trustee Company Limited
Jurisdiction
Jersey
Judgment Date
06 February 2006
Procedural Posture
Application to Enforce Foreign Family Court Order / Post Divorce, Enforcement of English High Court Order in Jersey
Outcome
Application granted. Orders made to give effect to the English High Court's judgment.
Legal Topics
Enforcement of Foreign Judgments, Variation of Trusts, Matrimonial Property, Jurisdiction of Jersey Courts, Recognition of Foreign Orders
Family Law Trust Law Private International Law Enforcement of Foreign Judgments Variation of Trusts Matrimonial Property Jurisdiction of Jersey Courts Recognition of Foreign Orders

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Parties

FM

Applicant/wife

RM

Respondent/husband

ASL Trustee Company Limited

Trustee

Procedural Posture

Application to Enforce Foreign Family Court Order / Post Divorce, Enforcement of English High Court Order in Jersey

Legal Issues

  1. 1 Whether the Jersey court should give effect to an English High Court order varying a Jersey trust and ordering assignment of a loan in divorce proceedings
  2. 2 Whether the trustee is bound by a foreign court order where it did not submit to that jurisdiction
  3. 3 Whether the interests of justice and comity require the Jersey court to make orders reflecting the foreign judgment

Ratio Decidendi

The Jersey court, exercising its discretion, held that the interests of justice and comity required it to give effect to the English High Court's order, given the husband's wilful failure to support his wife and children, the fairness of the English orders, and the absence of other assets. The court ordered the exclusion of the husband from the trust, deletion of his life interest, and assignment of his loan interest to the wife.

Court Disposition

Application granted. Orders made to give effect to the English High Court's judgment.

Orders

  • Trustee to execute a deed of exclusion declaring the husband an excluded person.
  • Variation of the trust by deleting Clause 2.3 of the deed of appointment dated 8 February 2001, removing the husband's life interest and right to capital advances.