Novatrust Limited v Watson 23-Oct-2020 [2020] JRC 224 (23 October 2020)

Novatrust Limited v Watson 23-Oct-2020 [2020] JRC 224 (23 October 2020)

The Plaintiff, as judgment creditor, is entitled to confirmation of the arrét entre mains over the Defendant's share in the Trust because the debt is situated in Jersey, no insolvency process is in train, and the Plaintiff has complied with notification requirements. The existence of other creditors does not...

Source-derived case information.

Citation
[2020] JRC 224
Parties
Plaintiff: Novatrust Limited; Defendant: Eric John Watson; Party Cited: Novatrust Limited (as trustee of the Summit Trust)
Jurisdiction
Jersey
Judgment Date
23 October 2020
Procedural Posture
Application to Confirm Interim Arrét Entre Mains / Final Order With Reasons
Outcome
Application granted; interim arrét entre mains confirmed and made final.
Legal Topics
Arrét Entre Mains, Third Party Debt Orders, Trustee Obligations, Jurisdiction Over Debts, Insolvency and Creditor Priority
Civil Procedure Trusts and Estates Enforcement of Judgments Arrét Entre Mains Third Party Debt Orders Trustee Obligations Jurisdiction Over Debts Insolvency and Creditor Priority

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Parties

Novatrust Limited

Plaintiff

Eric John Watson

Defendant

Novatrust Limited (as trustee of the Summit Trust)

Party Cited

Procedural Posture

Application to Confirm Interim Arrét Entre Mains / Final Order With Reasons

Legal Issues

  1. 1 Whether the interim arrét entre mains should be confirmed and made final
  2. 2 Whether the Court has jurisdiction over the debt in question
  3. 3 Whether the interests of other creditors or insolvency considerations preclude confirmation of the arrét entre mains

Ratio Decidendi

The Plaintiff, as judgment creditor, is entitled to confirmation of the arrét entre mains over the Defendant's share in the Trust because the debt is situated in Jersey, no insolvency process is in train, and the Plaintiff has complied with notification requirements. The existence of other creditors does not preclude confirmation in the absence of a formal insolvency process.

Court Disposition

Application granted; interim arrét entre mains confirmed and made final.

Orders

  • The interim arrét entre mains is confirmed and made final in favour of the Plaintiff over the Defendant's share in the Trust.