ARTICLE · 02 MARCH 2012

The Trustee And The Creditor

Bircham Dyson Bell LLP

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Family trusts are a well known possible device for trying to place assets ostensibly beyond the reach of creditors.

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"Family trusts are a well known possible device for trying to place assets ostensibly beyond the reach of creditors...."

For some years, it has been feared that the English matrimonial courts are prepared to bend over backwards to assist applicants in their endeavours to access assets held within trust structures but this rather 'world weary' quote comes from a recent Court of Appeal decision in North Shore Ventures Ltd v Anstead Inc [2012] EWCA Civ 11. This case shows that it is not just the judges of the Family Division who are prepared to assist litigants seeking to get at trust assets.

North Shore Ventures was a rather extreme case and the Court of Appeal had this to say:-

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