Enforcing English ancillary relief orders in Jersey: principles and pitfalls

Abstract

The long running and unhappy divorce litigation between Mr and Mrs Mubarak has finally reached a reasonably happy conclusion in the Royal Court of Jersey. In a well reasoned decision, the Deputy Bailiff has set out the guiding principles to be applied when considering whether orders made by a foreign Court ought to be enforced or given effect to in Jersey. Whilst undoubtedly helpful, the guidance also provides a salutary warning to foreign litigants seeking access to assets within Jersey trusts that they are in for a bumpy ride.