Jersey Judgment

In re IMK Family Trust v [2008] JLR 250 (15 August 2008)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

An order of a foreign court that varies or alters a Jersey trust in a manner inconsistent with Trusts (Jersey) Law 1984, art. 9(1) is unenforceable in Jersey under art. 9(4).

Court disposition

application dismissed

Orders

  • Order of foreign court varying Jersey trust declared unenforceable in Jersey

02

Material facts

Parties

IMK Family Trust

Subject Trust

03

Procedural history

  1. Posture

    Trust Variation Application / Judgment

04

Questions and positions

Legal issues

Whether an order of a foreign court varying or altering a Jersey trust is enforceable in Jersey if inconsistent with Trusts (Jersey) Law 1984, art. 9(1)

Party arguments

Applicant
The applicant sought to enforce a foreign court order varying the terms of a Jersey trust.
Respondent
The respondent argued that the foreign order was inconsistent with Jersey law and unenforceable under Trusts (Jersey) Law 1984, art. 9.

05

Court’s reasoning

  1. 01

    Trusts (Jersey) Law 1984, art. 9(1) and (4)

    A foreign court order varying or altering a Jersey trust is unenforceable in Jersey if inconsistent with Trusts (Jersey) Law 1984, art. 9(1).

06

Ratio, limits and disposition

Ratio decidendi

An order of a foreign court that varies or alters a Jersey trust in a manner inconsistent with Trusts (Jersey) Law 1984, art. 9(1) is unenforceable in Jersey under art. 9(4).

Court disposition

application dismissed

  • Order of foreign court varying Jersey trust declared unenforceable in Jersey

Source and reliance status

Official court record

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Judgment text

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Source document

Court record

Judgment

[2008] JLR 250

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BAILII >> Databases >> Jersey Law Reports >> In re IMK Family Trust v [2008] JLR 250 (15 August 2008) URL: https://www.bailii.org/je/cases/JLR/2008/JLR080250.html Cite as: [2008] JLR 250 [ New search ] [ Help ] In re IMK Family Trust v 2008 JLR 250 (15 August 2008) Trusts-variation-variation by foreign court-order of foreign court varying or altering Jersey trust inconsistent with Trusts (Jersey) Law 1984, art. 9(1) and unenforceable under art. 9(4) The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2008 JLR 250 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2008/JLR080250.html

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Trusts (Jersey) Law 1984, art. 9(1)

Legislation

Legislation referenced in the available case record.

Trusts (Jersey) Law 1984, art. 9(4)

Legislation

Legislation referenced in the available case record.

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