When can (or will) Jersey courts enforce English orders? By David Barry
In The Imk Family Trust (Mubarak v Mubarik And Ors) Royal Court Of Jersey (deputy bailiff of Jersey, unreported, 15 August 2008) the husband and wife married in 1983. The husband and wife, as settlors, created the IMK Family Trust (the trust). The trust is a Jersey discretionary trust. The beneficiaries are the settlors, their named children and other children/issue. The trustees are third party trustees.
The trust owns shares in a Bermuda company which is the holding entity for the husband's business. The parties separated and the husband excluded the wife as a beneficiary of the trust. Mr Justice Bodey made an order requiring the husband to pay to the wife the sum of £4.875m (the ancillary relief orders).
The wife brought an application for the husband to be barred from any further participation in the English proceedings. Bodey J made an order providing if the husband wished to continue to participate he had to write a letter to the trustees stating he wished them to assist him in meeting his
