Glenn v Watson & Ors

Glenn v Watson & Ors

The Court found that both classes of documents sought are prima facie relevant to the pleaded issues, particularly regarding Sir Owen’s expectation of consultation and knowledge of trust changes affecting his US descendants. The applications are not fishing expeditions but are appropriately limited to potentially relevant documents. Specific disclosure is therefore ordered as per the draft order.

Parties
Claimant: Sir Owen George Glenn KNZM ONZM; Claimant: Kea Investments Limited; Defendant: Eric John Watson; Defendant: Novatrust Limited; Defendant: Miles John Anthony Leahy; Defendant: Nucopia Partners Limited; Defendant: Spartan Capital Limited
Jurisdiction
England and Wales
Judgment Date
21 December 2016
Procedural Posture
Civil (chancery Division, Companies/derivative Claim) / Application for Specific Disclosure (post CMC Judgment)
Outcome
Application for specific disclosure granted
Legal Topics
Specific Disclosure, Fiduciary Duties, Legitimate Expectation, Trust Beneficiaries, Document Relevance
Civil Procedure Trusts and Equity Company Law Specific Disclosure Fiduciary Duties Legitimate Expectation Trust Beneficiaries Document Relevance

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Parties

Sir Owen George Glenn KNZM ONZM

Claimant

Kea Investments Limited

Claimant

Eric John Watson

Defendant

Novatrust Limited

Defendant

Miles John Anthony Leahy

Defendant

Nucopia Partners Limited

Defendant

Spartan Capital Limited

Defendant

Procedural Posture

Civil (chancery Division, Companies/derivative Claim) / Application for Specific Disclosure (post CMC Judgment)

Legal Issues

  1. 1 Whether specific disclosure should be ordered for two classes of documents: the Roten communications and the Wyoming Trust communications
  2. 2 Whether the documents sought are relevant to pleaded issues, particularly Sir Owen's legitimate expectation of consultation and knowledge of trust changes

Ratio Decidendi

The Court found that both classes of documents sought are prima facie relevant to the pleaded issues, particularly regarding Sir Owen’s expectation of consultation and knowledge of trust changes affecting his US descendants. The applications are not fishing expeditions but are appropriately limited to potentially relevant documents. Specific disclosure is therefore ordered as per the draft order.

Court Disposition

Application for specific disclosure granted

Orders

  • Claimants to conduct limited searches and provide specific disclosure of the Roten communications as specified in paragraphs 17 and 18 of the draft order.
  • Claimants to review and disclose Wyoming Trust communications as specified in paragraphs 19 and 20 of the draft order.