Book review

Mr Justice David Hayton described the first edition of International Trust and Divorce Litigation as ?"a much-needed book" and refers to this in the foreword of the second. The latest edition brings the reader up to date with significant developments in this complex area of law and includes an addendum dealing with the Supreme Court judgment in Petrodel v Prest [2013].

The interaction and tension between trusts and financial remedy proceedings on divorce is technically and legally challenging, but the authors have managed to combine sound academic and practical analysis with a readable prose style. Throughout, the emphasis is on explaining the legislation, case law and strategies in an accessible way.

Although, because of numerous contributors, the different chapters do not always hang together as a whole, this is a minor point, particularly as the vast majority of practitioners will be using ?it for reference rather than reading it cover to cover.

Chapter 2 gives an overview of trusts and chapter 4 helpfully summarises the English divorce financial jurisdiction. These are excellent stand-alone guides and reference points for practitioners, irrespective of their experience.

Chapter 5 sets out clearly the various ways in which the family court might bring trust assets into the exercise of its discretionary powers and includes a very helpful summary of post-Charman cases. And there are valuable tips on practice and procedure with sections on what ?the attitude of trustees should be ?when beneficiaries are getting ?divorced, in chapter 8.

The final chapter looks at the critical area of international enforcement. As all practitioners know, getting an order from the English court that purports to bind trustees is one thing. Actually getting a foreign jurisdiction to implement such an order so that the divorced spouse gets the money is another. The book contains many helpful references to decisions from the courts in other jurisdictions, particularly Jersey.

Trusts have been a battleground between family and trust lawyers for many years and there appears to be little sign of change in the foreseeable future. On the one hand, family judges are saying "these sophisticated offshore structures are very familiar… to the judiciary…They neither impress, intimidate, nor fool anyone" (Coleridge J in J v J (Disclosure: Offshore Corporations)). On the other, trusts are an entirely valid way of protecting wealth for future generations and reducing tax. As Lord Sumption said in Prest: "Courts exercising family jurisdiction do not occupy a desert island in which general legal concepts are suspended or mean something different."

International Trust and Divorce Litigation is a valuable and accessible reference work for the busy practitioner whichever side of the argument they may be on. It is aimed at the more experienced lawyer, but the less experienced and students will find it helpful. I will be keeping it close at hand and I know my clients will benefit from the assistance it gives me.

Nigel Shepherd is a partner at Mills & Reeve

ISBN: 978 1 84661 315 9  Publisher: Jordans  RRP: £70  Published: July 2013