Litigating Trust Disputes in Jersey: Law, Procedure & Remedies

ISBN-13: 9781782256809 / Angielski / Twarda / 2017 / 752 str.

Stephen Baker; James Sheedy

Opis

This book is the first comprehensive guide to litigating trust disputes in Jersey (officially the Bailiwick of Jersey), a Crown dependency of the UK off the coast of France. The included chapters cover law, procedure, and remedies by practioners at a leading commercial Jersey law firm. It expertly explains the enormous body of case law and custom on many important practical elements of the Island's litigation procedure, which remain un-codified and are not available to the public. It analyzes the complex rules for the commencement and service of proceedings, both on and off the Island, and the largely case law based rules of limitation, which are not easy to navigate. Other significant features of Jersey's jurisdiction are explained: it is highly active in relation to the variation of trusts and directions to trustees, which are subject to the Island's own trust law and procedure, and frequently allows private hearings, which are a complex and controversial phenomenon. This book will be an indispensable tool for any practitioner whose client is either a protector/enforcer, a trustee, or a beneficiary that has exposure to Jersey; matrimonial lawyers seeking trust information for the purposes of ancillary relief; or analogous proceedings and Foreign law enforcement authorities and insolvency practitioners seeking asset recovery against assets subject to trusts with a connection to Jersey. Subject: Litigation & Civil Procedure, Equity & Trusts, UK Law]