Deane and Another v Skadden, Arps, Slate Meagher & Flom and Another 1998 Civil Jur. No. 138

• Jurisdiction: Bermuda
• Judgment Date: 11 June 1998
• Date: 11 June 1998
• Docket Number: Civil Jurisdiction 1998 No. 138
• Court: Supreme Court (Bermuda)

In the Supreme Court of Bermuda

Ward, CJ

Civil Jurisdiction 1998 No. 138

BETWEEN:

Marjorie S Dean

Plaintiff

Skadden, Arps, Slate Meagher & Flom

Third Party Plaintiff

and

Skadden, Arps, Slate Meagher & Flom

Defendant

Dranoff & Johnson

Third Party Defendant

Mr N Hargun of Messrs Conyers, Dill & Pearman for the Applicant

Mr J Cooper of Messrs Cox, Hallet & Wilkinson for the Respondent/Defendant

Deane v Deane 1987 Divorce Jur. No. 118

State of Minnesota v Philip Morris Incorporated and Others, Court of Appeal Transcript, 30 July 1997

Re State of Norway's Application (No.1)ELR [1987] QB 432

R v Derby Magistrate's Court ex parte BELR [1996] 1 AC 487

Evidence Act 1905 Part II; s. 27R(1)(a); 27Q

RSC 1985 Ord. 70

Legal professional privilege — Application to have Order set aside to produce documents of local proceedings for foreign proceedings and have local counsel attend at foreign proceedings for testimony — Fishing expedition

JUDGMENT

Pursuant to a Letter of Request dated the 18th day of December 1997 from a Justice of the Supreme Court of the State of New York in which it was stated that it had been suggested to the Court that justice could not be completely done between the parties in the New York action without obtaining the testimony, for use at trial, of Robin Mayor of the law firm Conyers, Dill & Pearman and the production of certain documents by her, I made an Order ex parte on 30th April 1998 that the said Robin Mayor attend before an Examiner on 29th June 1998 to be examined upon oath about matters relevant to Conyers, Dill & Pearman's conduct of the divorce and ancillary financial relief proceedings in the Courts of Bermuda on behalf of Mr Deane.

The documents requested were:

1. The correspondence with Mrs Deane's counsel, Appleby, Spurling & Kempe and Mello, Hollis, Jones & Martin concerning the action entitled Disque D Deane, Petitioner and Marjorie S Deane, Respondent (1987 No. 118) in the Supreme Court of Bermuda and the related appellate proceedings before the Bermuda Court of Appeal (‘the Deane Proceedings’) from August 1990 through the present.

2. The offers of settlement made in the Deane Proceedings between August 1990 and the conclusion of the Deane Proceedings.

3. The payments made by Mr Deane, to or for the benefit of Mrs Deane, to comply with the Court of Appeal's Judgment dated March 25, 1994.

4. The correspondence concerning Mr Deane's compliance with paragraph 2 at page 25 of the March 25, 1994 Judgment of the Court of Appeal, concerning Mr Deane's obligation to discharge Mrs Deane's liabilities to her US attorneys and accountants.

5. The financial disclosure made by Mr and Mrs Deane in the course of the Deane Proceedings.

6. The requests for financial disclosure made by Mr and Mrs Deane in the course of the Deane Proceedings (whether or not such requests were complied with).

Paragraphs 2, 5 and 6 are no longer being pursued. Paragraph 1 is now limited to the correspondence which passed between Conyers, Dill & Pearman and Mello, Hollis, Jones & Martin.

By Summons of 18th May 1998 Robin Mayor applied to have the Order of 30th April 1998 set...