Represententation of Jacobus Broere v [2003] JRC 136 (22 June 2003)

Represententation of Jacobus Broere v [2003] JRC 136 (22 June 2003)

The third respondent cannot limit discovery to documents held in a specific fiduciary capacity; he must disclose all relevant documents in his possession, custody, or power, regardless of the capacity in which they are held, including those held as director or chairman of related companies.

Citation
[2003] JRC 136
Parties
Applicant: Representor; Respondent: Third Respondent
Jurisdiction
Jersey
Judgment Date
22 June 2003
Procedural Posture
Summons for Discovery / Post Consent Order Enforcement
Outcome
application granted
Legal Topics
Discovery, Document Disclosure, Fiduciary Capacity, Company Documents
Civil Procedure Trusts Discovery Document Disclosure Fiduciary Capacity Company Documents

Case Brief

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Parties

Representor

Applicant

Third Respondent

Respondent

Procedural Posture

Summons for Discovery / Post Consent Order Enforcement

Legal Issues

  1. 1 Whether the third respondent can restrict discovery to documents held in a specific fiduciary capacity
  2. 2 Whether documents held in other capacities or as a company director must be disclosed

Ratio Decidendi

The third respondent cannot limit discovery to documents held in a specific fiduciary capacity; he must disclose all relevant documents in his possession, custody, or power, regardless of the capacity in which they are held, including those held as director or chairman of related companies.

Court Disposition

application granted

Orders

  • Third respondent to swear a further affidavit within twenty-one days appending a list of documents including those described in paragraphs 2 and 3 of Part II of Schedule I to the list exhibited as 'CB2' to his affidavit of 1 May 2003.
  • Any summons objecting to inspection of specific documents to be issued within 28 days of the date of this order.