In re M Trust v [2012] 2 JLR 51 (28 June 2012)
The court granted the beneficiary leave to disclose all material received in the directions application except for legally privileged material, emphasizing that disclosure without leave would be contempt of court.
- Citation
- [2012] 2 JLR 51
- Parties
- Applicant: M Trust; Respondent: Unnamed Beneficiary
- Jurisdiction
- Jersey
- Judgment Date
- 28 June 2012
- Procedural Posture
- Trustee Application for Directions / Application for Directions
- Outcome
- Leave granted to disclose all but legally privileged material
- Legal Topics
- Trustee Powers, Confidentiality, Disclosure in Matrimonial Proceedings
Case Brief
Summary, issues, holding and outcome
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Parties
M Trust
Applicant
Unnamed Beneficiary
Respondent
Procedural Posture
Trustee Application for Directions / Application for Directions
Legal Issues
- 1 Whether a beneficiary convened to a trustee's application for directions may disclose material received in the application to English matrimonial proceedings if ordered to do so
- 2 Extent of confidentiality and privilege in trustee directions applications
Ratio Decidendi
The court granted the beneficiary leave to disclose all material received in the directions application except for legally privileged material, emphasizing that disclosure without leave would be contempt of court.
Court Disposition
Leave granted to disclose all but legally privileged material
Orders
- Beneficiary granted leave to disclose all non-privileged material received in the directions application in English matrimonial proceedings if ordered to do so
- Disclosure without leave constitutes contempt of court
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