Representation of C re P Trust [2021] JRC 205 (06 August 2021)

Representation of C re P Trust [2021] JRC 205 (06 August 2021)

A strong case was made out for imposing restrictions on the Representor's dissemination of discovered documents due to the underlying hostility between the trusts, the commercial sensitivity of the information, and the clear conflicts of interest involving the Representor's advisers. The court held that confidential or commercially sensitive documents pertaining to the P Trust should not be disclosed to advisers who also act for Company 2 or F, and that the Representor may only share such documents with her Jersey advocates and electronic discovery experts, unless further leave is granted by the court subject to strict conditions.

Citation
[2021] JRC 205
Parties
First Respondent / Applicant: Fenlight; Applicant / Beneficiary / Settlor: Representor; Second Respondent / Beneficiary: D; Third Respondent / Beneficiary: G; Advocate for Minor Beneficiary and Unborns: Advocate Staal
Jurisdiction
Jersey
Judgment Date
06 August 2021
Procedural Posture
Trust Administrative Proceedings / Interlocutory Application for Discovery Restrictions
Outcome
Application granted in part; restrictions imposed on dissemination of discovered documents by the Representor.
Legal Topics
Confidentiality in Discovery, Trustee Removal, Beneficiary Rights, Disclosure Restrictions
Trusts and Estates Civil Procedure Confidentiality in Discovery Trustee Removal Beneficiary Rights Disclosure Restrictions

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Parties

Fenlight

First Respondent / Applicant

Representor

Applicant / Beneficiary / Settlor

D

Second Respondent / Beneficiary

G

Third Respondent / Beneficiary

Advocate Staal

Advocate for Minor Beneficiary and Unborns

Procedural Posture

Trust Administrative Proceedings / Interlocutory Application for Discovery Restrictions

Legal Issues

  1. 1 Whether restrictions should be imposed on the Representor's use of documents and information disclosed in discovery in trust proceedings
  2. 2 Whether the Representor may share discovered documents with advisers who also act for parties with potentially adverse interests
  3. 3 Whether the trustee's concerns about confidentiality and commercial sensitivity justify restrictions on dissemination

Ratio Decidendi

A strong case was made out for imposing restrictions on the Representor's dissemination of discovered documents due to the underlying hostility between the trusts, the commercial sensitivity of the information, and the clear conflicts of interest involving the Representor's advisers. The court held that confidential or commercially sensitive documents pertaining to the P Trust should not be disclosed to advisers who also act for Company 2 or F, and that the Representor may only share such documents with her Jersey advocates and electronic discovery experts, unless further leave is granted by the court subject to strict conditions.

Court Disposition

Application granted in part; restrictions imposed on dissemination of discovered documents by the Representor.

Orders

  • Obligation to make discovery by Fenlight and D does not extend to the personal and financial affairs of D until further order.
  • Representor is prohibited from disclosing discovered documents to Company 3 or its advisers, except for documents already in her possession independently of the proceedings.