English Court of Appeal upholds freezing injunction over English property registered in name of Bermuda trustee, in aid of enforcement of Jersey judgment

In its judgement dated 30 November 2016 in the case of Lemos v Lemos and another [2016] EWCA Civ 1181, the English Court of Appeal has restored a freezing injunction over English property that is registered in the name of a Bermuda trustee, in aid of enforcement of a Jersey judgment that had been registered, in turn, in England.

Since the judgment is interlocutory in nature, and it is a decision of only a 2-judge panel, it is of limited value as a precedent. But the allegations involving the Bermuda trustee are worth a read, not least because they illustrate some of the risks, in practice, of assuming a trusteeship of assets over which argumentative family members may have differing claims – although all allegations are obviously unproven at this stage.

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