IMK Trust [2008] JRC 137 (15 August 2008)

IMK Trust [2008] JRC 137 (15 August 2008)

The exclusion of Ms Revell and related orders were necessary to prevent the husband, as a party with an adverse interest, from being alerted to confidential steps proposed by KPMG, which could have rendered those steps nugatory or less effective, thereby prejudicing the interests of the trust and other beneficiaries.

Citation
[2008] JRC 137
Parties
First Respondent: the husband; Employee of Respondent's Advocate: Ms Lisa Revell; Party: the wife
Jurisdiction
Jersey
Judgment Date
15 August 2008
Procedural Posture
Trust/administrative Action / Interlocutory/procedural Order
Outcome
Orders excluding Ms Revell from proceedings and restraining communication upheld and explained.
Legal Topics
Exclusion of Parties From Proceedings, Confidentiality in Trust Litigation, Variation of Trusts, Provisional Liquidation
Trust Law Family Law Civil Procedure Exclusion of Parties From Proceedings Confidentiality in Trust Litigation Variation of Trusts Provisional Liquidation

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Parties

the husband

First Respondent

Ms Lisa Revell

Employee of Respondent's Advocate

the wife

Party

Procedural Posture

Trust/administrative Action / Interlocutory/procedural Order

Legal Issues

  1. 1 Whether it was appropriate to exclude Ms Revell, an employee of the husband's advocate, from part of the proceedings due to confidentiality concerns.
  2. 2 Whether additional orders restraining communication and retention of notes were justified to protect the interests of justice.

Ratio Decidendi

The exclusion of Ms Revell and related orders were necessary to prevent the husband, as a party with an adverse interest, from being alerted to confidential steps proposed by KPMG, which could have rendered those steps nugatory or less effective, thereby prejudicing the interests of the trust and other beneficiaries.

Court Disposition

Orders excluding Ms Revell from proceedings and restraining communication upheld and explained.

Orders

  • Ms Revell excluded from the hearing during confidential evidence and submissions.
  • Ms Revell ordered not to communicate what she heard to Advocate Begg.