Tchenguiz-Imerman v Imerman [2013] highlights the tensions between courts of different jurisdiction, despite the principle of comity. Richard Tambling reports ‘The judge accepted that the interests of comity have a powerful place in cases involving offshore trusts when the English courts will often depend on the trusts’ home courts for assistance.’ This article considers what …
Continue reading "Jurisdiction: Tug of war"
This post is only available to members.
Wills & Trusts Law Reports | April 2012 #118The husband (H) and the wife (W) were both 65, having married in 1980. There was one child of the marriage (C), aged 25. The former matrimonial home was Green Farm, a substantial property set in 72 acres in Kent. Trust assets fell to be divided following divorce.
In order to mitigate tax on the floatation of his company (ABC), two Jersey trusts were created by H in 1994 (No. 1 Trust and No. 2 Trust) and a company incorporated in the British Virgin Island called Giloch Investments Ltd (Giloch). No. 1 Trust was a discrertionary trust for a class of beneficiaries comprising H, W, C, ...
