HSBC Trustee CI v Kwong [2018] JRC 051A (06 March 2018)

HSBC Trustee CI v Kwong [2018] JRC 051A (06 March 2018)

Given the extensive information already in the public domain and the ineffectiveness of anonymisation, publication of the judgment will not materially further invade privacy. The balance of interests in this case favours publication to ensure open justice and correct inaccurate reporting.

Citation
[2018] JRC 051A
Parties
Representor/trustee: HSBC Trustee CI; Second Respondent/beneficiary: Kwong (Walter); First Respondent/settlor: Settlor (unnamed); Third Respondent/beneficiary: Thomas; Seventh Respondent/beneficiary: Raymond; Eleventh Respondent/beneficiary: Geoffrey; Twelfth Respondent/beneficiary: Jonathan
Jurisdiction
Jersey
Judgment Date
06 March 2018
Procedural Posture
Trust Direction Application (article 51 Trusts (jersey) Law 1984) / Post Judgment, Application for Publication Decision
Outcome
Judgment to be published (with minor redactions).
Legal Topics
Open Justice, Anonymisation of Judgments, Trustee Directions, Privacy Rights, Publication of Judgments
Trusts Private International Law Media Law Open Justice Anonymisation of Judgments Trustee Directions Privacy Rights Publication of Judgments

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Parties

HSBC Trustee CI

Representor/trustee

Kwong (Walter)

Second Respondent/beneficiary

Settlor (unnamed)

First Respondent/settlor

Thomas

Third Respondent/beneficiary

Raymond

Seventh Respondent/beneficiary

Geoffrey

Eleventh Respondent/beneficiary

Jonathan

Twelfth Respondent/beneficiary

Procedural Posture

Trust Direction Application (article 51 Trusts (jersey) Law 1984) / Post Judgment, Application for Publication Decision

Legal Issues

  1. 1 Whether the court should publish its judgment in a trust direction application where anonymisation is ineffective due to the high profile of the parties and existing media coverage.

Ratio Decidendi

Given the extensive information already in the public domain and the ineffectiveness of anonymisation, publication of the judgment will not materially further invade privacy. The balance of interests in this case favours publication to ensure open justice and correct inaccurate reporting.

Court Disposition

Judgment to be published (with minor redactions).

Orders

  • The judgment in HSBC Trustee CI v Kwong [2017] JRC 214A shall be published without anonymisation, subject to omission of minor unimportant details.