| Source: | All England Reporter |
| Publisher Citation: | [2012] All ER (D) 89 (Jan) |
| Neutral Citation: | [2012] EWCA Civ 11 |
| Court: | Court of Appeal, Civil Division |
| Judge: | Lord Justice Pill, Lady Justice Arden and Lord Justice Toulson |
| Representation | John Machell (instructed by Cooke, Young and Keidan LLP) for the appellant. |
| Francis Tregear QC and Paul Sinclair (instructed by Enyo Law) for the respondent. | |
| Judgment Dates: | 18 January 2012 |
Catchwords
Disclosure and inspection of documents - Production of documents - Order for production - Court making production order regarding appellants - Appellants making trusts with their family members through which they dissipated funds - Order requiring appellants to disclose documents relating to trusts but not in their possession - Court finding appellants easily able to procure documents from family members - Appellants appealing - Whether, inter alia, judge erring in considering appellants able to obtain documents - Whether judge erring in interpretation of CPR - CPR 31.8.
The Case
Disclosure and inspection of documents Production of documents. The Court of Appeal, Civil Division, held that the court had been entitled to make a production order against the defendants, where documents had been correctly regarded as within their control, despite being in the possession of trustees.
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