H Trust [2007] JRC 213 (16 November 2007)

H Trust [2007] JRC 213 (16 November 2007)

The Court declined to accede to SW's submission regarding enforcement beyond attributed valuations and to RW's submission for mechanisms of debt repayment, holding its role is limited to supervision of the H Trust and directions regarding its assets, not to interfere with rights under the English Order.

Citation
[2007] JRC 213
Parties
Applicant: SW; Respondent: RW
Jurisdiction
Jersey
Judgment Date
16 November 2007
Procedural Posture
Trust Dispute / Post Judgment Order
Outcome
Submissions declined; undertakings to apply as previously ordered.
Legal Topics
Enforcement of Foreign Orders, Valuation of Trust Assets, Distribution of Trust Property
Trusts Family Law Enforcement of Foreign Orders Valuation of Trust Assets Distribution of Trust Property

Case Brief

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Parties

SW

Applicant

RW

Respondent

Procedural Posture

Trust Dispute / Post Judgment Order

Legal Issues

  1. 1 Whether undertakings not to enforce claims under the English Order against proceeds of sale should apply beyond attributed valuations
  2. 2 Whether the Court should supervise repayment of SW's debts and impose mechanisms for payment
  3. 3 Whether Jersey Orders should constitute full settlement of obligations under the English Order

Ratio Decidendi

The Court declined to accede to SW's submission regarding enforcement beyond attributed valuations and to RW's submission for mechanisms of debt repayment, holding its role is limited to supervision of the H Trust and directions regarding its assets, not to interfere with rights under the English Order.

Court Disposition

Submissions declined; undertakings to apply as previously ordered.

Orders

  • SW's undertakings not to enforce claims under the English Order against the Portuguese property or Canadian land apply to proceeds of sale up to attributed valuations.
  • No mechanism imposed for payment of SW's debts; Jersey Orders do not constitute full settlement of English Order obligations.