Offshore – Law Journals

Offshore: Deed of gift set aside on account of a fundamental mistake

Royal Court of Jersey case Re B & C clarifies the principles for setting aside a disposition of assets into a nominee arrangement on the ground of donor’s mistake. Paul Matthams explains In applying the relevant test, it was still a requirement for the court to be satisfied that the donor or settlor would not …

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Offshore: Lessons for trustees and trust practitioners from Patel v JTC

Trustees should not become overly involved in family disputes, and court sanction should be obtained for any arrangements put in place. Damian Evans and Matthew Davies discuss When discord breaks out between family members, it is often the case that a trustee will find itself caught between the different sides of the family dispute. The …

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Offshore: Making the most of mistake

Rebecca McNulty discusses two recent cases from the UK and Jersey courts that emphasise the importance of a complete evidence picture when establishing mistake If the court is to be persuaded that there has been a genuine mistake, it needs to be provided with all relevant correspondence and documents so that such an assessment can …

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Offshore: The test for sham trusts

Nick Williams, James Angus and Matthew Davies discuss a sham trust case that raises pertinent points for both practitioners and trustees Even a trustee who is recklessly indifferent to the intentions of the settlor must, independently, have a positive intention to mislead third parties. In its judgment in Cohen and Crooks as Joint Administrators of …

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Offshore: The Manx court takes a stand

Paul Lewis and Stephen Alexander discuss protecting the office of protector When deciding whether to exercise a power to appoint a protector, trustees must take into account all relevant considerations and exclude from their reckoning all irrelevant considerations, even when a trust instrument ostensibly gives them carte blanche. Trust settlements may confer powers exercisable by …

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Offshore: What is appropriate?

Robert Lindley and Wesley O’Brien discuss cases where offshore courts act as auxiliaries to those onshore Generally, for a foreign judgment to be capable of enforcement in an offshore common law jurisdiction such as Cayman or Jersey, it must be final and conclusive, for the payment of a sum of money and made by a …

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Offshore: No joy for judgment creditors

James Sheedy looks at enforcing judgments against discretionary beneficiaries in Jersey The decision in Kea Investments is simply that a judgment creditor cannot take a shortcut to asset recovery by way of an arrêt. The Royal Court of Jersey has held in Kea Investments Ltd v Watson [2021] that it is not possible for a judgment …

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Offshore: A sting in the tail?

Recent Cayman Islands case law has focused on the effect of firewall and forum of administration provisions on trusts. Rachael Reynolds and Deborah Barker Roye examine current judicial thinking and how principles apply in England and Wales While the firewall legislation provides robust protection for Cayman trusts against attack from orders of foreign courts… it …

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