Jose Gonzalez Gomez and others v Encarnacion Gomez-Monche Vives and others – WLR Daily

Posted February 20th, 2008 in conflict of laws, EC law, law reports, trusts by sally

Jose Gonzalez Gomez and others v Encarnacion Gomez-Monche Vives and others [2008] EWHC 259 (Ch); [2008] WLR (D) 50

“The words ‘as beneficiary’ contained in art 5(6) of Council Regulation (EC) 44/2001, which provided that a person domiciled in a member state could, in another member state, be sued ‘as … beneficiary of a trust’, required the claimants to show that they were suing a party in its capacity as a beneficiary rather than in the capacity as someone not beneficially entitled to the moneys that were claimed.”

WLR Daily, 19th February 2008

Source: www.lawreports.co.uk

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