SB -v- RB [2008] JRC 216 (15 December 2008)

SB -v- RB [2008] JRC 216 (15 December 2008)

CB, as a stranger to the R Trust, has no right to intervene in breach of trust proceedings or settlement agreement, nor to disclosure beyond what was volunteered. Her claim must be pursued by separate proceedings if the final order is set aside. Intervention for the purpose of monitoring Mareva injunctions or preventing asset dissipation is not permissible.

Citation
[2008] JRC 216
Parties
Intervener and Representor: CB; Former Husband, Trustee of R Trust, Defendant: RB; Beneficiary of R Trust, Plaintiff: SB; Guardian of C: Advocate Simon Young
Jurisdiction
Jersey
Judgment Date
15 December 2008
Procedural Posture
Family/divorce/trust / Dismissal of Summons to Intervene and Representation
Outcome
summons to intervene and representation dismissed
Legal Topics
Non Disclosure, Intervention, Mareva Injunction, Matrimonial Assets, Trust Beneficiary Rights
Family Law Trust Law Civil Procedure Non Disclosure Intervention Mareva Injunction Matrimonial Assets Trust Beneficiary Rights

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

CB

Intervener and Representor

RB

Former Husband, Trustee of R Trust, Defendant

SB

Beneficiary of R Trust, Plaintiff

Advocate Simon Young

Guardian of C

Procedural Posture

Family/divorce/trust / Dismissal of Summons to Intervene and Representation

Legal Issues

  1. 1 Whether CB can intervene in breach of trust proceedings as a stranger to the trust
  2. 2 Whether CB is entitled to disclosure or to prevent implementation of the settlement agreement pending her claim to set aside the final order
  3. 3 Whether CB's claim against the R Trust should be pursued by separate proceedings

Ratio Decidendi

CB, as a stranger to the R Trust, has no right to intervene in breach of trust proceedings or settlement agreement, nor to disclosure beyond what was volunteered. Her claim must be pursued by separate proceedings if the final order is set aside. Intervention for the purpose of monitoring Mareva injunctions or preventing asset dissipation is not permissible.

Court Disposition

summons to intervene and representation dismissed

Orders

  • CB's summons to intervene dismissed
  • CB's representation dismissed