D v R [2001] JRC 235A (28 November 2001)

D v R [2001] JRC 235A (28 November 2001)

The husband should pay the costs of and incidental to the summons because his failure to procure disclosure of the A Trust, despite prolonged requests, necessitated court proceedings and caused unnecessary costs.

Citation
[2001] JRC 235A
Parties
Applicant: wife; Respondent: husband; Third Party: Trustees of the A Trust
Jurisdiction
Jersey
Judgment Date
28 November 2001
Procedural Posture
Matrimonial Proceedings / Costs Order Following Disclosure Summons
Outcome
husband ordered to pay costs
Legal Topics
Disclosure of Trust Information, Costs in Matrimonial Proceedings
Family Law Trust Law Disclosure of Trust Information Costs in Matrimonial Proceedings

Case Brief

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Parties

wife

Applicant

husband

Respondent

Trustees of the A Trust

Third Party

Procedural Posture

Matrimonial Proceedings / Costs Order Following Disclosure Summons

Legal Issues

  1. 1 Whether the husband should pay the costs incurred in connection with the summons for disclosure of trust information
  2. 2 Whether the wife acted reasonably in maintaining the summons
  3. 3 Whether the timing of disclosure of documents by the wife affected costs liability

Ratio Decidendi

The husband should pay the costs of and incidental to the summons because his failure to procure disclosure of the A Trust, despite prolonged requests, necessitated court proceedings and caused unnecessary costs.

Court Disposition

husband ordered to pay costs

Orders

  • husband to pay costs of and incidental to the summons on the standard basis
  • Trustees of the A Trust convened for disclosure