Steven Kempster looks at how Jersey is taking a stand against submitting to foreign court orders
An English judge described it as a case of “won’t pay rather than can’t pay; one of the worst of its kind”. Mubarak v Mubarak illustrates the lengths to which a husband will go to frustrate the enforcement of a financial order made in favour of his wife. After eight years, and 30 English judges, the wife successfully obtained an order from the English Court varying a Jersey law trust of which the husband and their children were beneficiaries. The wife sought to enforce the order in Jersey and in August 2008 the Jersey Court varied the trust in her favour. So why then is this case being hailed as evidence that the Jersey Court is fighting back against the interference of foreign divorce courts?
