Hsu v Barclays Private Bank and Trust Ltd and Fifteen Others

CourtRoyal Court
Judge(William Bailhache, Deputy Bailiff and Jurats Clapham and Kerley)
Judgment Date06 January 2010
Date06 January 2010
(William Bailhache, Deputy Bailiff and Jurats Clapham and Kerley)

Trustsvariationvariation by foreign court

On an application for the recognition and/or enforcement of an order of a foreign court concerning a Jersey trust or Jersey trust property, the key consideration is whether the Jersey trustee has submitted to the jurisdiction of the foreign court. If he has not, the foreign order is not enforceable as such against him without a fresh hearing on the merits. The second consideration is whether, although the foreign order might not be enforceable as such, the Royal Court could nonetheless in its discretion give directions to the Jersey trustee which might achieve the result intended by the foreign order. That is not a matter of direct enforcement of a foreign order but rather an exercise of the court's discretion to give directions to a trustee as to the administration of the trust and the exercise of the trustee's powers. A distinction has nevertheless to be drawn between a direction to the trustee that he should do something that neither the trust deed nor the Trusts (Jersey) Law 1984 allows him to do, and a direction which he is empowered to follow pursuant to the trust deed. The Royal Court clearly cannot exercise its discretion under...

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1 cases
  • The Pw Trust
    • Jersey
    • Royal Court
    • 4 November 2010
    ......115 ([1942] UKPC 1), applied. . (3) Hsu v. Barclays Private Bank & Trust Ltd., 2010 JLR N [35]; [2010] JRC ...When that counterparty is a trustee owing duties to others, that is a demand that the courts of equity will support to ......

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