J -v- K and Others [2016] JRC 110 (27 June 2016)

J -v- K and Others [2016] JRC 110 (27 June 2016)

The Royal Court retains jurisdiction to act on a foreign letter of request despite procedural defects, provided substantive justice and comity are served. Confidentiality of trust documents must be balanced against the public interest in assisting foreign matrimonial proceedings. Firewall provisions do not prevent disclosure of information relevant to the foreign court's determination of matrimonial assets.

Citation
[2016] JRC 110
Parties
Respondent: Respondent; Appellant: Appellants
Jurisdiction
Jersey
Judgment Date
27 June 2016
Procedural Posture
Appeal / Judgment After Hearing
Outcome
Appeal dismissed except for modifications to questions in the letter of request.
Legal Topics
Letters of Request, Confidentiality, Comity, Matrimonial Proceedings, Trustee Disclosure
Trust Law Family Law International Judicial Cooperation Letters of Request Confidentiality Comity Matrimonial Proceedings Trustee Disclosure

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Parties

Respondent

Respondent

Appellants

Appellant

Procedural Posture

Appeal / Judgment After Hearing

Legal Issues

  1. 1 Jurisdiction of the Royal Court to act on a foreign letter of request
  2. 2 Procedural compliance with Service of Process and Taking of Evidence (Jersey) Law 1960 and related Rules
  3. 3 Balancing confidentiality of trust documents against comity with foreign courts

Ratio Decidendi

The Royal Court retains jurisdiction to act on a foreign letter of request despite procedural defects, provided substantive justice and comity are served. Confidentiality of trust documents must be balanced against the public interest in assisting foreign matrimonial proceedings. Firewall provisions do not prevent disclosure of information relevant to the foreign court's determination of matrimonial assets.

Court Disposition

Appeal dismissed except for modifications to questions in the letter of request.

Orders

  • Questions 4, 5, 9, 12, and 14 in paragraph 10 of the letter of request to be reframed as specified in the judgment.
  • Question 10(10) deleted.