Source: All England Reporter
Publisher Citation: [2015] All ER (D) 76 (Nov)
Neutral Citation: [2015] EWHC 2699 (Ch)
Court: Chancery Division

Judge Hodge QC sitting as a High Court judge

Representation Francis Barlow QC for the claimant.
  Susannah Meadway for the third and fourth defendants.
  Georgia Bedworth for the first, second, fifth and sixth defendants.
Judgment Dates: 19 May 2015


Variation of trusts - Jurisdiction - Trust containing foreign element - Claimant applying to vary trusts of four family settlements and for compromise of issue as to validity of two settlements - Whether court having jurisdiction to vary trusts of foreign settlement - Whether variation and compromise should be approved - Convention on the law applicable to trusts and on their recognition, arts 6-8.

The Case

Variation of trusts Jurisdiction. The Chancery Division, among other things, held that it had jurisdiction, under the to vary a family settlement because there was such a jurisdiction under the law of Kenya, which governed that settlement. As with the other three settlements, it was appropriate to approve the variation sought under the Act.

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