Robert Lindley and Wesley O'Brien discuss cases where
offshore courts act as auxiliaries to those onshore
Generally, for a foreign judgment to be capable of
enforcement in an offshore common law jurisdiction such as Cayman
or Jersey, it must be final and conclusive, for the payment of a
sum of money and made by a superior court.
Offshore courts have considerable experience in giving
directions to trustees faced with a joinder order issued by a
foreign family court seeking to exercise its variation jurisdiction
in respect of a trust governed by the law of the offshore
jurisdiction. Subject to the specific facts and circumstances,
various responses may be made by trustees in respect of such
joinder applications, including the resulting directions made by
offshore courts when dealing with foreign divorce proceedings
affecting or indeed attacking an offshore law governed trust.