In the matter of M and Other Trusts [2012] JRC 127 (28 June 2012)

In the matter of M and Other Trusts [2012] JRC 127 (28 June 2012)

Leave to disclose documents from the private Jersey trust proceedings to the Family Division is granted for all material except legally privileged material (as listed in Schedule A), if the Family Division orders disclosure despite argument to the contrary. Privileged material may not be disclosed without leave of this Court. Sensitive material may be disclosed only if so ordered by the Family Division after hearing argument. Disclosure of this judgment itself is permitted.

Citation
[2012] JRC 127
Parties
Trustee: The Trustee (First Respondent); Applicants: The Adult Beneficiaries (Representors); Party to Underlying Proceedings: D (the husband); Party to Underlying Proceedings: E (the wife)
Jurisdiction
Jersey
Judgment Date
28 June 2012
Procedural Posture
Trust Directions Application / Application for Leave to Disclose Documents to Family Division
Outcome
Application granted in part and refused in part.
Legal Topics
Trustee Directions, Confidentiality of Trust Proceedings, Legal Professional Privilege, Disclosure in Matrimonial Proceedings, Comity Between Courts
Trusts and Estates Family Law Private International Law Trustee Directions Confidentiality of Trust Proceedings Legal Professional Privilege Disclosure in Matrimonial Proceedings Comity Between Courts

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Parties

The Trustee (First Respondent)

Trustee

The Adult Beneficiaries (Representors)

Applicants

D (the husband)

Party to Underlying Proceedings

E (the wife)

Party to Underlying Proceedings

Procedural Posture

Trust Directions Application / Application for Leave to Disclose Documents to Family Division

Legal Issues

  1. 1 Whether adult beneficiaries may disclose documents from private Jersey trust proceedings to the English Family Division if ordered to do so
  2. 2 Whether legal professional privilege and confidentiality prevent such disclosure
  3. 3 Whether leave should be granted to disclose sensitive or privileged material

Ratio Decidendi

Leave to disclose documents from the private Jersey trust proceedings to the Family Division is granted for all material except legally privileged material (as listed in Schedule A), if the Family Division orders disclosure despite argument to the contrary. Privileged material may not be disclosed without leave of this Court. Sensitive material may be disclosed only if so ordered by the Family Division after hearing argument. Disclosure of this judgment itself is permitted.

Court Disposition

Application granted in part and refused in part.

Orders

  • Leave refused to disclose legally privileged material listed in Schedule A.
  • Leave granted to disclose all other material, including sensitive material listed in Schedule B, if ordered by the Family Division despite argument to the contrary.