11/22/2012
START DATE
END DATE
12/12/2012
In The Matter of A Trust no specific judge mentioned The Supreme of Bermuda no specific laws referenced 2nd Defendant (D2)
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
Supreme Court of Bermuda
Trusts & Estates Law
Hon. Chief Justice Ian Kawaley
Mr. Nikki Singla, Mr. Justin Williams (Williams)
Mr. Frank Hinks QC, Mr. Keith Robinson (Appleby)
FACTS OF THE CASE:
The case concerned a high-value offshore trust dispute involving a multi-billion-dollar family trust. The core dispute arose when one of the beneficiaries, "D9," sought to challenge the terms of a previously agreed trust settlement (Proposal No. 4) by attempting to litigate in an onshore jurisdiction. D2, a senior family member and primary trustee beneficiary, sought enforcement of the November 14, 2011 Order, arguing that the settlement agreement explicitly required Bermuda as the exclusive jurisdiction for trust matters. The Court had to determine whether D9's legal actions undermined the trust structure.
SUMMARY:
(1) Did D9?s actions amount to a breach of the Settlement Terms? (2) Was the exclusive jurisdiction clause binding? (3) Should D9 be penalized financially for his breaches?
OUTCOMES:
Permanent injunction granted; D9 restrained from challenging the trust settlement in onshore courts.
RULED IN FAVOUR OF:
D2 (Plaintiff, Trustee).
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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In The Matter of A Trust no specific judge mentioned The Supreme of Bermuda no specific laws referenced 2nd Defendant (D2)
The case concerned a high-value offshore trust dispute involving a multi-billion-dollar family trust. The core dispute arose when one of the beneficiaries, "D9," sought to challenge the terms of a previously agreed trust settlement (Proposal No. 4) by attempting to litigate in an onshore jurisdiction. D2, a senior family member and primary trustee beneficiary, sought enforcement of the November 14, 2011 Order, arguing that the settlement agreement explicitly required Bermuda as the exclusive jurisdiction for trust matters. The Court had to determine whether D9's legal actions undermined the trust structure.