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Family Law

The leading authority on all aspects of family law

30 MAR 2007

Jersey Trusts: An Entente Glaciale or Just Seasonal Variations?

Timothy Hanson and Jean-Marie Renouf, Hanson Renouf Barristers and Advocates, Jersey. When can an English court order affecting a Jersey trust be enforced in Jersey? The Trusts (Amendment No 4) (Jersey) Law 2006, which came into force on 27 October 2006, restricts the enforcement of foreign judgments (including English) which seek to affect Jersey trusts, and only those orders which correctly apply Jersey law in so doing are to be recognised and enforced. No foreign judgment is to be given effect to in Jersey if it does not correctly apply Jersey law.

It was anticipated that this strict statutory approach would prove problematic for many English judgments. However, the first case to come before the Jersey Court did not directly create the conflict between jurisdictions that some might have anticipated. This article looks at the case and its outcome, and considers the difficult relationship between English divorce and Jersey trusts. Will the two jurisdictions eventually collide over this issue? Or is the outlook more positive? Read the full article at April [2007] Fam Law.



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