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Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast is aimed at private client practitioners interested in the issues which can arise in relation to requests for disclosure of trust documents by beneficiaries under the equitable jurisdiction, whether out of court or in court. It covers the basic principles as to whether or not disclosure is ordered as laid out in Schmidt v Rosewood Trust Ltd [2003] UKPC 26, the particular rules which survive from the pre-Schmidt era as to particular classes of documents, the impact of privilege and some practical tips for those acting for trustees where disclosure issues arise. It also briefly compares the position under the equitable jurisdiction with the position under the CPR.

Outcomes:
After completing the course you will:
  • Appreciate the reasons why a beneficiary might want to request disclosure of documents held by trustees;
  • Understand the broad test as to when the Court will order disclosure to a beneficiary;
  • Know which types of beneficiaries are entitled to request disclosure;
  • Be aware of the particular rules which survive from the pre-Schmidt era as to particular classes of documents, such as documents which relate to the trustees’ reasons for exercising dispositive discretionary powers in a certain way;
  • Appreciate the special issues that arise in relation to disclosure of legal advice received by trustees;
  • Have compared the position under the equitable jurisdiction with the position under the CPR.
Level:
Specialist Difficulty: 5 of 5
Classification:
Case Update
Legal Principles
Practical Guide
Sources and References:
  • Armitage v Nurse [1998] Ch. 241;
  • Butt v Kelson [1952] Ch. 197;
  • Buttes Gas and Oil Co v Hammer (No. 3) [1981] QB 223 (CA);
  • Clarke v Earl of Ormonde (1821-22) Jac. 108;
  • Hartigan Nominees Ltd v Rydge 29 NSWLR 405;
  • Lewin on Trusts (18th Edition, Sweet & Maxwell, 2011);
  • Nestle v National Westminster Bank plc [2000] WTLR 795;
  • O'Rourke v Darbishire [1920] AC 581;
  • R. (Ford) v FSA [2011] EWHC 2583 (Admin);
  • Re Londonderry’s Settlement [1965] Ch. 918;
  • Re Rabiaotti’s Settlements [2000] WTLR 953 (Jersey);
  • Schmidt v Rosewood Trust Ltd [2003] UKPC 26;
  • Smith v Stewart [2000] NSWSC 1224;
  • Spellson v George (1987) 11 N;
  • Talbot v Marshfield (1865) 2 Dr. & Sm. 549;
  • The Law ofPrivilege (Bankim Thanki QC, OUP, 2006).
Tags:

In this podcast William East, a chancery specialist from 5 Stone Buildings discusses the issues that can arise in relation to requests for disclosure of trust documents by beneficiaries under the equitable jurisdiction.

NEW! TRANSCRIPT INCLUDED IN ADDITIONAL INFORMATION

Date Recorded: 23rd October 2012

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