PS v HF [2008] JRC 070 (29 April 2008)

PS v HF [2008] JRC 070 (29 April 2008)

The court must balance the need for full and frank disclosure with the principles of proportionality and efficiency, ordering further answers only where justified and refusing disproportionate or unreasonable requests. Specific orders for further disclosure are made where appropriate, but the trial must proceed as scheduled.

Citation
[2008] JRC 070
Parties
Petitioner: Petitioner; Respondent: Respondent
Jurisdiction
Jersey
Judgment Date
29 April 2008
Procedural Posture
Family/ancillary Relief / Interlocutory Application for Further Answers to Questionnaire Prior to Trial
Outcome
Partially granted
Legal Topics
Ancillary Relief, Consent Orders, Non Disclosure, Financial Disclosure, Setting Aside Orders
Family Law Ancillary Relief Consent Orders Non Disclosure Financial Disclosure Setting Aside Orders

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Parties

Petitioner

Petitioner

Respondent

Respondent

Procedural Posture

Family/ancillary Relief / Interlocutory Application for Further Answers to Questionnaire Prior to Trial

Legal Issues

  1. 1 Whether the petitioner has provided full and proper answers to the respondent's questionnaire
  2. 2 Whether further disclosure should be ordered prior to trial
  3. 3 Whether the consent order should be set aside for non-disclosure or other grounds

Ratio Decidendi

The court must balance the need for full and frank disclosure with the principles of proportionality and efficiency, ordering further answers only where justified and refusing disproportionate or unreasonable requests. Specific orders for further disclosure are made where appropriate, but the trial must proceed as scheduled.

Court Disposition

Partially granted

Orders

  • Petitioner to provide further information or documentation in response to specific questions as detailed in the judgment, including confirmation of payment sources, explanations for certain transactions, procuring responses from third parties, and disclosure of communications regarding the sale of the matrimonial home.
  • Petitioner to comply with orders before 12th May 2008.