R v C [2008] JRC 179 (23 October 2008)

R v C [2008] JRC 179 (23 October 2008)

The Court will not order the respondent to disclose documents relating to the Trust as it cannot make disputed findings of fact sitting alone. The Court grants leave for a letter of request to Guernsey courts for evidence from the Trust's director, conditional upon the petitioner abandoning the claim that the Trust is a sham. The Court will not assume jurisdiction to declare the Trust a sham, and the children, brother, and corporate nominee will be convened to the proceedings.

Citation
[2008] JRC 179
Parties
Applicant: Petitioner; Respondent: Respondent
Jurisdiction
Jersey
Judgment Date
23 October 2008
Procedural Posture
Matrimonial Ancillary Relief / Interlocutory Application
Outcome
Petitioner's application for disclosure rejected; application for letter of request granted conditionally.
Legal Topics
Ancillary Relief, Disclosure, Offshore Trusts, Sham Trusts, Jurisdiction
Family Law Trusts Law Ancillary Relief Disclosure Offshore Trusts Sham Trusts Jurisdiction

Case Brief

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Parties

Petitioner

Applicant

Respondent

Respondent

Procedural Posture

Matrimonial Ancillary Relief / Interlocutory Application

Legal Issues

  1. 1 Whether the respondent must disclose documents relating to an offshore trust
  2. 2 Whether the Court should issue a letter of request to Guernsey courts for evidence
  3. 3 Whether the Trust is a sham and if the Court has jurisdiction to declare it so

Ratio Decidendi

The Court will not order the respondent to disclose documents relating to the Trust as it cannot make disputed findings of fact sitting alone. The Court grants leave for a letter of request to Guernsey courts for evidence from the Trust's director, conditional upon the petitioner abandoning the claim that the Trust is a sham. The Court will not assume jurisdiction to declare the Trust a sham, and the children, brother, and corporate nominee will be convened to the proceedings.

Court Disposition

Petitioner's application for disclosure rejected; application for letter of request granted conditionally.

Orders

  • Children, brother, and corporate nominee to be convened to proceedings.
  • Letter of request to Guernsey courts for evidence from Trust director granted, conditional on petitioner abandoning sham claim.