In re M Trust v [2012] 2 JLR 51 (28 June 2012)

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

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Parties

M Trust

Applicant

Unnamed Beneficiary

Respondent

Procedural Posture

Trustee Application for Directions / Application for Directions

  1. 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. 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