Representation of C re P Trust (Royal Court : Hearing (Civil)) [2025] JRC 028 (3 February 2025)

Representation of C re P Trust (Royal Court : Hearing (Civil)) [2025] JRC 028 (3 February 2025)

Discovery requests not tied to pleaded issues were refused; only requests relevant to trust ownership administration and beneficiary status were allowed. Late amendments permitted only where they flowed from existing pleadings and did not prejudice trial; others refused for lack of explanation, strength, and risk to trial schedule.

Citation
[2025] JRC 028
Parties
Applicant: Representor; Respondent: First Respondent (Fenlight); Respondent: Second Respondent
Jurisdiction
Jersey
Judgment Date
03 February 2025
Procedural Posture
Trust Removal and Discovery Proceedings / Ruling on Specific Discovery and Application to Amend Pleadings
Outcome
Applications for specific discovery largely refused; some granted; late amendments partially allowed, remainder refused.
Legal Topics
Trustee Removal, Specific Discovery, Amendment of Pleadings, Disclosure Obligations
Trusts Civil Procedure Trustee Removal Specific Discovery Amendment of Pleadings Disclosure Obligations

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Parties

Representor

Applicant

First Respondent (Fenlight)

Respondent

Second Respondent

Respondent

Procedural Posture

Trust Removal and Discovery Proceedings / Ruling on Specific Discovery and Application to Amend Pleadings

Legal Issues

  1. 1 Whether specific discovery should be ordered for documents relating to trust administration, tax, matrimonial, and company affairs
  2. 2 Whether late amendments to pleadings should be permitted in trust removal proceedings

Ratio Decidendi

Discovery requests not tied to pleaded issues were refused; only requests relevant to trust ownership administration and beneficiary status were allowed. Late amendments permitted only where they flowed from existing pleadings and did not prejudice trial; others refused for lack of explanation, strength, and risk to trial schedule.

Court Disposition

Applications for specific discovery largely refused; some granted; late amendments partially allowed, remainder refused.

Orders

  • Specific discovery granted for certain categories relevant to pleaded issues.
  • Discovery refused for documents not relevant or not in possession/custody/control of respondents.