They submitted that (a) the material was valuable as similar fact evidence of the settlor”s use of various trusts to retain de facto control of The Jersey claims relied on the equitable concepts of remedial constructive trust and lifting the veil on the express trusts, and on local statute. They also sought leave to use the information to bring new claims for non-proprietary relief here and in The Bahamas. They now applied for leave to use the discovered material in existing proceedings seeking non-proprietary remedies in Jersey and proprietary tracing claims in The Bahamas. Judgment was entered against the settlor in England, and the plaintiffs sought to enforce the English judgment against the Cayman trust. The plaintiffs brought proprietary tracing claims against the first defendant trustee here and obtained discovery and an injunction restraining the settlor from dealing with the Cayman trust assets. They alleged that the settlor had engaged in fraud on an international scale and had placed large sums of money stolen from them in nine separate trust funds around the world, including in the Cayman Islands, Jersey and The Bahamas. The plaintiffs were companies owned by the Kuwaiti Government”s overseas investment office, which was run from England by the settlor, a member of the Kuwaiti Royal Family. The plaintiffs brought proceedings against a trust to recover, by way of proprietary tracing claims, moneys stolen by the trust settlor. (13) Westdeutsche Landesbank Girozentrale v. Al-Sabah, Queen”s Bench Division, July 29th, 1994, unreported further proceedings, CLC 1, 469, con-sidered. (5) Esteem Settlement, In re, 2000 JLR 119 on appeal, 2000 JLR N –41, considered.
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