In re IMK Family Trust v [2008] JLR 250 (15 August 2008)
- Citation
- [2008] JLR 250
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Trust Variation Application / Judgment
More details
- Posture
- Trust Variation Application / Judgment
On this page
Professional case brief
Research organized from the available case record
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 Trust03
Procedural history
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
Legal principles
- 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
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
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Court record
Judgment
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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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