The C Trust [2010] JRC 001 (04 January 2010)

The C Trust [2010] JRC 001 (04 January 2010)

The Royal Court refused to give effect to the Letters of Request because disclosure of the affidavits and exhibits from Article 51 proceedings would undermine the confidentiality and candour essential to such applications, and the material contained privileged and confidential information. The Court also noted procedural defects in the transmission of the Letters of Request but based its decision primarily on the need to protect the integrity of Article 51 proceedings under Jersey law.

Citation
[2010] JRC 001
Parties
Applicant: AD; Respondent: KD; Trustee Representative: PW
Jurisdiction
Jersey
Judgment Date
04 January 2010
Procedural Posture
Application for Assistance Under Letters of Request / Hearing and Determination of Application
Outcome
application refused
Legal Topics
Assistance to Foreign Courts, Letters of Request, Trustee Duties, Confidentiality of Trust Proceedings, Enforcement of Ancillary Relief Orders
Trust Law Family Law Private International Law Assistance to Foreign Courts Letters of Request Trustee Duties Confidentiality of Trust Proceedings Enforcement of Ancillary Relief Orders

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Parties

AD

Applicant

KD

Respondent

PW

Trustee Representative

Procedural Posture

Application for Assistance Under Letters of Request / Hearing and Determination of Application

Legal Issues

  1. 1 Whether the Royal Court should give effect to Letters of Request from the English High Court seeking production of affidavits and attendance of a trustee representative in relation to trust matters connected to matrimonial proceedings.
  2. 2 Whether disclosure of affidavits and exhibits from Article 51 Trusts (Jersey) Law 1984 proceedings is proper under Jersey law.

Ratio Decidendi

The Royal Court refused to give effect to the Letters of Request because disclosure of the affidavits and exhibits from Article 51 proceedings would undermine the confidentiality and candour essential to such applications, and the material contained privileged and confidential information. The Court also noted procedural defects in the transmission of the Letters of Request but based its decision primarily on the need to protect the integrity of Article 51 proceedings under Jersey law.

Court Disposition

application refused

Orders

  • Application by AD for registration and action upon the Letters of Request is refused.
  • The trustee is entitled to take its costs from the trust fund.