P -v- O (Matrimonial) [2016] JCA 225 (06 December 2016)

P -v- O (Matrimonial) [2016] JCA 225 (06 December 2016)

The application for disclosure from Thompsons was dismissed as a fishing expedition with no relevance to the appeal and because the conditions for adducing new evidence were not met. Limited disclosure from Gaudins was granted only to the extent that it could be relevant to costs if the Appellant succeeded on appeal.

Citation
[2016] JCA 225
Parties
Appellant: P; Respondent: O
Jurisdiction
Jersey
Judgment Date
06 December 2016
Procedural Posture
Matrimonial Appeal / Interlocutory Application During Appeal
Outcome
Application dismissed in respect of Thompsons; granted in part in respect of Gaudins.
Legal Topics
Disclosure of Evidence, Appeal Procedure, Costs
Family Law Civil Procedure Disclosure of Evidence Appeal Procedure Costs

Case Brief

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Parties

P

Appellant

O

Respondent

Procedural Posture

Matrimonial Appeal / Interlocutory Application During Appeal

Legal Issues

  1. 1 Whether the Appellant is entitled to disclosure of information from estate agents for the purposes of his appeal
  2. 2 Whether the conditions for adducing new evidence on appeal are met
  3. 3 Relevance of the requested information to the appeal and potential costs issues

Ratio Decidendi

The application for disclosure from Thompsons was dismissed as a fishing expedition with no relevance to the appeal and because the conditions for adducing new evidence were not met. Limited disclosure from Gaudins was granted only to the extent that it could be relevant to costs if the Appellant succeeded on appeal.

Court Disposition

Application dismissed in respect of Thompsons; granted in part in respect of Gaudins.

Orders

  • Thompsons Estate Agents not required to provide any information.
  • Gaudins to provide the date and amount of the initial offer, the date and amount of the £770,000 offer, the date these offers were communicated to the Respondent, and the date the £770,000 offer was accepted.