Gibraltar
| Jurisdiction | United Kingdom |
| Pages | 401-415 |
| Author | Charles Simpson |
24
GIBRALTAR
Charles Simpson
A. Jurisdiction 24.01
Hague Convention on Law Applicable
to Trusts and on eir Recognition 24.03
Conict of Law Rules 24.04
Additional Conventions 24.05
B. Recognition and Enforcement
of Foreign Judgments and Orders 24.07
Enforcement of Judgments 24.07
Statutory Reciprocal Enforcement
Provisions 24.08
Common Law Principles on Enforcement 24.10
Letters of Request 24.11
Mutual Legal Assistance Treaties 24.12
C. Reserved Powers 24.15
Protectors 24.15
Statutory Reserved Powers 24.16
Sham 24.17
D. Asset Protection and Insolvency 24.19
Fraudulent Dispositions Legislation 24.19
E. Removal and Retirement of Trustees
and Protectors 24.27
Court’s Powers to Remove 24.27
Voluntary Retirement and Statutory
Powers of Retirement 24.29
Indemnities 24.30
F. Rights to Information 24.32
Condentiality Statutes 24.32
Statutory Provisions in Relation to
Rights to Information 24.33
Provisions in the Deed 24.34
Protectors’ Right to Information 24.35
G. Guidance to Trustees, Protectors,
or Enforcers 24.37
Statutory Provisions 24.37
H. Involvement of Charitable Interests 24.38
I. Alternative Dispute Resolution 24.42
J. Procedural Issues 24.43
Court Structure 24.43
Local Bar 24.48
Representation 24.49
Appea ls 24.51
Costs 24.53
K. C ases of Note 24.54
Similarities and Distinctions between
Local Law and English Law 24.55
L. Special Legislation 24.59
Non- charitable Purpose Trusts 24.59
Private Trust Companies 24.61
Tax Information Exchange Laws 24.62
A. Jurisdiction
e main statutory provisions in Gibra ltar are:the Trustees Act 1895 as amended, which is
based on early versions of trust legislation in England and the Trusts (Private International
Law) Act 2015 which came into force on 17 September 2015. In addition, Gibraltar is a
common law jurisdiction and English common law and the rules of equit y are applied in ac-
cordance with section 2(1) of the English Law (Application) Act 1962.
e English Law (Application) Act 1962 also sets out a list of the English statutes that apply
in Gibraltar and includes within that list the Variation of Trusts Act 1958 and ss 1– 4 of the
Fraudulent Conveyances Act 1571,1 the Fraudulent Conveyances Act 1584, and the Statute
of Frauds 1677.
1 See paragraph 24.19 in relation to the latter.
24.01
24.02
Charles Simpson, Gibraltar In: International Trust Disputes. Second Edition. Edited by: Steven Kempster,
Morven McMillan, Alison Meek, Oxford University Press (2010). © Oxford University Press.
DOI: 10.1093/oso/9780198832737.003.0024
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