- FURBS and firewalls (In the matter of the A Limited FURBS and the B EBT)
- Original news
- What is the background to this case?
- What legal issues does it involve?
- Could you offer some comment on the court’s observation in para  that ‘the nature of the FURBS was such that T Limited was placed in a different position to the trustee of a discretionary trust’. What is the significance for other types of commercial trusts?
- To what extent is the judgment helpful in clarifying the law in this area?
- What are the practical lessons for advisers?
Private Client analysis: In seeking the disclosure of assets in a family trust in Guernsey, the divorce of a husband and wife in England has raised the issue of the jurisdiction of a foreign court. Mathew Newman, head of the dispute resolution team at Ogier Guernsey, examines In the matter of the A Limited FURBS and the B EBT, and explains that the decision is helpful because it clarifies the extent to which the court will assist trustees of Guernsey trusts in carrying out their functions.
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