This is the second of two articles on disclosure in civil
proceedings in Jersey. The first can be found
here. This part focuses on two further categories of applicant:
foreign insolvency office-holders, and beneficiaries seeking
disclosure from their trustees.
Foreign Insolvency Office-Holders
The position of foreign office holders ("FOH") in
insolvency matters has been clarified by the Royal Court
(Bailhache, Bailiff) in Smith v Nedbank Private Wealth
Limited1.
By way of background, FOHs from prescribed jurisdictions (the
United Kingdom, Guernsey, the Isle of Man, Finland, Australia and
the Republic of Ireland) can seek recognition of their appointment
under Article 49 of the Bankruptcy (Désastre) (Jersey) Law
1990. Applicants from other jurisdictions can seek comparable
recognition at common law on the basis of comity and reciprocity.
The power to request disclosure (usually from financial
institutions) is a common feature of recognition applications.
