Representation of the Z Trust [2014] JRC 019 (23 January 2014)

Representation of the Z Trust [2014] JRC 019 (23 January 2014)

The Court has the power to release Equity Trust from its undertaking, and disclosure of redacted documents is permitted for bona fide purposes in the hostile proceedings, as neither Barclays nor the respondents objected and the interests of justice require it.

Citation
[2014] JRC 019
Parties
Applicant: Equity Trust (Jersey) Limited; Respondent: Barclays; Respondent: Second respondent; Respondent: Third respondent
Jurisdiction
Jersey
Judgment Date
23 January 2014
Procedural Posture
Private Administrative Proceedings / Application for Release From Undertaking
Outcome
application granted
Legal Topics
Use of Disclosed Documents, Undertakings, Variation of Consent Orders, Discovery
Civil Procedure Confidentiality Use of Disclosed Documents Undertakings Variation of Consent Orders Discovery

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Parties

Equity Trust (Jersey) Limited

Applicant

Barclays

Respondent

Second respondent

Respondent

Third respondent

Respondent

Procedural Posture

Private Administrative Proceedings / Application for Release From Undertaking

Legal Issues

  1. 1 Whether Equity Trust can be released from its undertaking to use disclosed documents only for specified purposes
  2. 2 Whether the Court has power to release a party from an undertaking given in a consent order
  3. 3 Whether the implied undertaking restricts use of documents in collateral proceedings

Ratio Decidendi

The Court has the power to release Equity Trust from its undertaking, and disclosure of redacted documents is permitted for bona fide purposes in the hostile proceedings, as neither Barclays nor the respondents objected and the interests of justice require it.

Court Disposition

application granted

Orders

  • Equity Trust is released from its undertaking to use the three disclosed documents only for specified purposes.
  • Disclosure is restricted to redacted copies containing only company information, date, and parties.