Thursfield v Thursfield [2012] EWHC 3742 (Ch) (21 December 2012)

Thursfield v Thursfield [2012] EWHC 3742 (Ch) (21 December 2012)

The court has jurisdiction under section 37 of the Senior Courts Act 1981 to order disclosure of trust documents where there is a real possibility that assets remain under the defendant's practical control, and such disclosure is necessary to ensure the effectiveness of previous orders, notwithstanding privacy concerns or technical arguments about control.

Citation
[2012] EWHC 3742 (Ch)
Parties
Claimant: Linda Thursfield; Defendant: David Thursfield
Jurisdiction
England and Wales
Judgment Date
21 December 2012
Procedural Posture
Application for Disclosure in Matrimonial Enforcement Proceedings / Post Judgment, Enforcement and Contempt Proceedings
Outcome
Application granted
Legal Topics
Disclosure Orders, Freezing Injunctions, Enforcement of Foreign Judgments, Trust Asset Tracing, Contempt of Court
Family Law Trusts and Equity Civil Procedure Disclosure Orders Freezing Injunctions Enforcement of Foreign Judgments Trust Asset Tracing Contempt of Court

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Parties

Linda Thursfield

Claimant

David Thursfield

Defendant

Procedural Posture

Application for Disclosure in Matrimonial Enforcement Proceedings / Post Judgment, Enforcement and Contempt Proceedings

Legal Issues

  1. 1 Whether the court has jurisdiction to order disclosure of trust documents in aid of enforcement of a foreign matrimonial judgment
  2. 2 Whether the defendant is able to provide the disclosure sought despite claims of lack of control over the trust
  3. 3 Whether privacy concerns of third parties outweigh the need for disclosure

Ratio Decidendi

The court has jurisdiction under section 37 of the Senior Courts Act 1981 to order disclosure of trust documents where there is a real possibility that assets remain under the defendant's practical control, and such disclosure is necessary to ensure the effectiveness of previous orders, notwithstanding privacy concerns or technical arguments about control.

Court Disposition

Application granted

Orders

  • Defendant to provide disclosure of specified trust documents relating to the David Thursfield Family Trust, including trust deeds, letters of wishes, documents relating to settlement and identification of assets, trustee meeting minutes, and documents concerning beneficiaries, trustees, amendments, and revocation...