Enforcement Against Jersey Trusts: a Breakthrough in Judicial Co-operation?

Mark Renouf Partner Hanson Renouf Jersey and Associate Member of No 5 Chambers Birmingham. There is a long history of judicial co-operation between the courts of England and Wales and Jersey as regards the reciprocal enforcement in each jurisdiction of orders emanating from the other. This is based on both enforcement at common or customary law and under statute pursuant to the extension of the Foreign Judgments (Reciprocal Enforcement) Act 1933 to Jersey by Order in Council in 1973. Judicial displeasure was expressed by the Jersey courts however in In re Fountain Trust [2005] JLR 359 regarding a finding by the High Court of England and Wales that the Fountain Trust was a sham (in the Family Division judgment of Minwalla v Minwalla and DM Investments SA Midfield Management SA and CI Law Trustees Ltd [2004] EWHC 2823 (Fam) [2005] 1 FLR 771). This case followed the English Court of Appeals judgment in Charalambous v Charalambous [2004] EWCA Civ 1030 [2004] 2 FLR 1093 which had confirmed the jurisdiction of the English courts to vary a post-nuptial or...

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