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Tchenguiz-Imerman v Imerman

[2013] EWHC 3627

Court: High Court
Date of Judgment: 25.04.12
Alan Boyle QC, Dakis Hagen QC

Jersey trustees faced with a hostile variation of trust claim in English divorce proceedings had refused to submit to the jurisdiction. There being substantial trust assets in England, certain beneficiaries of the trusts intervened instead to resist the English claim. The applicant in England sought disclosure from the intervener beneficiaries of non-privileged but 'sensitive' documents served on them during the trustees' Beddoe application where the decision not to submit had been approved. The documents were said to give insight into the trustees' internal thinking. Before the English court could hear that disclosure application, the Jersey court handed down a supplemental judgment urging the English court not to order disclosure and to respect the privacy of Jersey trustee directions hearings. The English court, though aware of the judgment, made the disclosure order anyway, holding that since the trustees had not submitted and were not giving evidence, and given that the English court had to make findings as to how the trustees would behave in certain hypothetical situations, any evidence of the trustees' internal thinking was better than none.  Dakis Hagen appeared for the successful applicant.

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