In the matter of the Brazilian Trust [2018] JRC 032 (7 February 2018)

Court ordered disclosure conditional upon representors giving an undertaking in damages to Jersey Home Loans, as protection for innocent third parties outweighs judgment creditor's risk assessment; representors to pay Jersey Home Loans' legal costs of summons on standard basis and legal/administrative costs of compliance on indemnity basis.

Citation: [2018] JRC 032
Parties: Applicant: First Representor; Applicant: Second Representor; Party Cited: Jersey Home Loans Limited; Respondent: Third Respondent
Jurisdiction: Jersey
Judgment Date: 07 February 2018
Procedural Posture: Application to Amend Representation and for Disclosure Order / Post Judgment Enforcement
Outcome: application granted with conditions
Legal Topics: Third Party Disclosure, Undertaking in Damages, Costs Assessment

Civil Procedure Enforcement of Judgments Third Party Disclosure Undertaking in Damages Costs Assessment

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Parties

First Representor

Applicant

Second Representor

Applicant

Jersey Home Loans Limited

Party Cited

Third Respondent

Respondent

Procedural Posture

Application to Amend Representation and for Disclosure Order / Post Judgment Enforcement

Legal Issues

1 Should representors give an undertaking in damages to Jersey Home Loans as a condition of disclosure order?
2 What costs should Jersey Home Loans recover in relation to the disclosure order?

Ratio Decidendi

Court Disposition

application granted with conditions

Orders

Amendment to representation allowed to bring in Jersey Home Loans as party cited.
Disclosure order made conditional upon representors giving undertaking in damages to Jersey Home Loans.