Charman v Charman

Charman v Charman

In ancillary relief proceedings following divorce, the court may order the issue of a letter of request to a foreign court for oral evidence and documents from a trustee, and may order a non-party accountant to produce documents, even if the applicant cannot prove the existence of the documents sought, provided the request is not a fishing expedition, is proportionate, and the documents are sufficiently identified. The quasi-inquisitorial duty under s.25 of the Matrimonial Causes Act 1973 and the need to do justice between parties in an unequal position justify a broader approach than in ordinary civil litigation. The appeal is dismissed save for a minor modification narrowing the scope...

Parties
Appellant: John Robert Charman; Respondent: Beverley Anne Charman
Jurisdiction
England and Wales
Judgment Date
20 December 2005
Procedural Posture
Appeal Ancillary Relief (family/divorce) / Appeal From High Court (family Division) to Court of Appeal
Outcome
Appeal dismissed save for minor modification
Legal Topics
Ancillary Relief, Disclosure of Trust Assets, Letters of Request, Production of Documents by Non Parties, Jurisdictional Principles for Evidence Gathering
Family Law Trusts and Equity Civil Procedure Ancillary Relief Disclosure of Trust Assets Letters of Request Production of Documents by Non Parties Jurisdictional Principles for Evidence Gathering

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Parties

John Robert Charman

Appellant

Beverley Anne Charman

Respondent

Procedural Posture

Appeal Ancillary Relief (family/divorce) / Appeal From High Court (family Division) to Court of Appeal

Legal Issues

  1. 1 Whether the court should order the issue of a letter of request to a foreign court for oral evidence and documents from a trustee of a discretionary trust in divorce ancillary relief proceedings
  2. 2 Whether the court should order a non-party accountant to produce documents relating to the trust
  3. 3 Whether such orders constitute impermissible 'fishing' or are disproportionate or oppressive

Ratio Decidendi

In ancillary relief proceedings following divorce, the court may order the issue of a letter of request to a foreign court for oral evidence and documents from a trustee, and may order a non-party accountant to produce documents, even if the applicant cannot prove the existence of the documents sought, provided the request is not a fishing expedition, is proportionate, and the documents are sufficiently identified. The quasi-inquisitorial duty under s.25 of the Matrimonial Causes Act 1973 and the need to do justice between parties in an unequal position justify a broader approach than in ordinary civil litigation. The appeal is dismissed save for a minor modification narrowing the scope...

Court Disposition

Appeal dismissed save for minor modification

Orders

  • Letter of request to Bermudian court for oral evidence and documents from trustee (Mr Anderson) upheld, subject to narrowing of one category of requested material
  • Order for inspection appointment requiring accountant (Mr Clay) to produce documents upheld