Glenn v Watson & Ors [2016] EWHC 3346 (Ch) (21 December 2016)

Glenn v Watson & Ors [2016] EWHC 3346 (Ch) (21 December 2016)

The Court found that both classes of documents sought are prima facie relevant to pleaded issues: the Roten communications may shed light on Sir Owen's legitimate expectation of consultation regarding trust investments, and the Wyoming Trust communications may be relevant to whether Sir Owen knew of changes affecting his US descendants' entitlements. The application was not a fishing expedition but a targeted request. The Court exercised its discretion to order specific disclosure, considering the overriding objective and the likelihood that the documents would assist in resolving factual disputes.

Citation
[2016] EWHC 3346 (Ch)
Parties
Petitioner/claimant: KEA Investments Limited; Claimant: Sir Owen George Glenn KNZM ONZM; Defendant: Eric John Watson; Defendant/respondent/petitioner: Novatrust Limited; Defendant: Miles John Anthony Leahy; Defendant: Nucopia Partners Limited; Defendant/respondent: Spartan Capital Limited
Jurisdiction
England and Wales
Judgment Date
21 December 2016
Procedural Posture
Application for Specific Disclosure in Ongoing Chancery/companies/derivative Proceedings / Post Case Management Conference, Interlocutory Application
Outcome
Application for specific disclosure granted
Legal Topics
Specific Disclosure, Fiduciary Duties, Legitimate Expectation, Trust Beneficiary Rights, Relevance and Control of Documents, Fishing Expedition, Overriding Objective
Insolvency Trusts and Equity Company Law Civil Procedure Specific Disclosure Fiduciary Duties Legitimate Expectation Trust Beneficiary Rights +3 more

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Parties

KEA Investments Limited

Petitioner/claimant

Sir Owen George Glenn KNZM ONZM

Claimant

Eric John Watson

Defendant

Novatrust Limited

Defendant/respondent/petitioner

Miles John Anthony Leahy

Defendant

Nucopia Partners Limited

Defendant

Spartan Capital Limited

Defendant/respondent

Procedural Posture

Application for Specific Disclosure in Ongoing Chancery/companies/derivative Proceedings / Post Case Management Conference, Interlocutory Application

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 and within the control of the parties
  3. 3 Whether the application constitutes a fishing expedition

Ratio Decidendi

The Court found that both classes of documents sought are prima facie relevant to pleaded issues: the Roten communications may shed light on Sir Owen's legitimate expectation of consultation regarding trust investments, and the Wyoming Trust communications may be relevant to whether Sir Owen knew of changes affecting his US descendants' entitlements. The application was not a fishing expedition but a targeted request. The Court exercised its discretion to order specific disclosure, considering the overriding objective and the likelihood that the documents would assist in resolving factual disputes.

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 any Wyoming Trust communications as specified in paragraphs 19 and 20 of the draft order, limited to documents showing the reason for the establishment of the Wyoming Trusts was the change in entitlements under the Corona and Regency Trusts.