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Cayman Islands: Can A Foreign Court Alter The Terms Of A Jersey Law Trust?
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27 November 2008
Article by Marc Guillaume

Case

In The Matter of The IMK Family Trust [2008] JRC136

Facts

One source of the steady flow of trust litigation coming before the Royal Court in recent years has been a series of attempts to enforce orders made in divorce proceedings by the Family Division of the English High Court in relation to Jersey law trusts which hold assets which fall to be dealt with as part of those proceedings. This was one such case which stemmed from protracted and acrimonious litigation between Iqbal Mubarik (the "Husband") and his former wife Aaliya Mubarak (the "Wife").

The Jersey law trust in question was a discretionary trust known as The IMK Family Trust (the "Trust") which had been established by the Husband and Wife as joint settlors in September 1997....
 
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