BJ v MJ (Financial Remedy: Overseas Trusts) [2011] EWHC 2708 (Fam) (27.10.2011)

The court gave a summary of case law in respect of overseas trust assets before awarding a W the equivalent of £2,957,269 made up of a Housing settlement, pension, Lump sum, her own assets and a new settlement in respect of a charge on the FMH. The Court deviated from the clean break principle stating “Fairness is not to be sacrificed on the altar of finality”. The court warned the Trustees and H that there were sufficient non trust assets to produce the same results by other means and the order was not be be perfected until their stance had been ascertained.