P v C [2002] JRC 128 (11 July 2002)

P v C [2002] JRC 128 (11 July 2002)

The requirements for issuing a subpoena duces tecum are fulfilled in this case due to the ambiguity and inadequacy of the husband's disclosure regarding his beneficial ownership in the family companies, which is crucial for fair ancillary relief. However, the subpoena must be addressed to a specifically named individual, not merely a company representative.

Citation
[2002] JRC 128
Parties
Petitioner: P; Respondent: C
Jurisdiction
Jersey
Judgment Date
11 July 2002
Procedural Posture
Matrimonial/ancillary Relief / Appeal From Registrar's Refusal to Issue Subpoena Duces Tecum
Outcome
appeal allowed in part
Legal Topics
Disclosure in Matrimonial Proceedings, Subpoena Duces Tecum, Beneficial Ownership, Company Records, Ancillary Relief
Family Law Civil Procedure Disclosure in Matrimonial Proceedings Subpoena Duces Tecum Beneficial Ownership Company Records Ancillary Relief

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Parties

P

Petitioner

C

Respondent

Procedural Posture

Matrimonial/ancillary Relief / Appeal From Registrar's Refusal to Issue Subpoena Duces Tecum

Legal Issues

  1. 1 Whether a subpoena duces tecum should be issued to obtain company records in ancillary relief proceedings
  2. 2 Whether the husband is or was a beneficial owner of shares in family companies relevant to matrimonial assets
  3. 3 Appropriateness of further disclosure where previous responses were inadequate

Ratio Decidendi

The requirements for issuing a subpoena duces tecum are fulfilled in this case due to the ambiguity and inadequacy of the husband's disclosure regarding his beneficial ownership in the family companies, which is crucial for fair ancillary relief. However, the subpoena must be addressed to a specifically named individual, not merely a company representative.

Court Disposition

appeal allowed in part

Orders

  • If the name and status of the specific individual to be served is supplied to the court's satisfaction, the subpoena duces tecum may be issued; matter remitted to the Registrar for further proceedings.