Gomez and others v Encarnacion Gomez-Monche Vives and others: ChD 18 Feb 2008

The court had no jurisdiction in a claim by the three claimants against their mother, the first defendant, arising out of a trust created by their father. The family was Spanish and the trust was expressed to be governed by English law. The defendants said that the income subject to the claim was subject to Spanish law.

[2008] EWHC 259 (Ch), [2008] 3 WLR 309
Bailii
Council Regulation (EC) 44/2001 5(6), Jurisdiction and Judgments Act 1982
England and Wales
Cited by:
Appeal fromGomez and others v Vives CA 3-Oct-2008
The claimant appealed a finding that the court did not have jurisdiction over income payable to a trust governed by English law under which the claimant was beneficiary.
Held: The appeal failed in part. Because Article 5 is in derogation from . .

Lists of cited by and citing cases may be incomplete.

Jurisdiction

Updated: 23 December 2021; Ref: scu.264586