ORD 12/0024 Judgment Summary 30 April 2012

News Publication Date: 01 May 2012

IN THE HIGH COURT OF JUSTICE OF THE ISLE OF MAN
CIVIL DIVISION
ORDINARY PROCEDURE

Parties:
US SECURITIES AND EXCHANGE COMMISSION Claimant
And
1. SAMUEL E WYLY
2. DONALD R MILLER, JR., in his capacity as the Independent Executor
of the Will and Estate of Charles J Wyly, Jr
3. MICHAEL C FRENCH and
4. LOUIS J SCHAUFELE III Defendants
And
1. DAVID HERMANUS BESTER
2. SHAUN FERGUSSON CAIRNS
3. RUSSELL JAMES COLLISTER
4. KATHERINE GEORGINA HARDING
5. DAVID ANDREW HARRIS
6. ANNA MARIA BENBATOUL KAWALEK
7. MARK JONATHAN LEWIN
8. MELANIE JANE QUAYLE
9. BARBARA RHODES
10. ANDREW WALLIS
11. FRANCIS WEBB
12. KLEINWORT BENSON TRUSTEES (ISLE OF MAN) LIMITED formerly known as Close Trustees (Isle of Man) Limited
13. IFG INTERNATIONAL LIMITED
14. INTER-CONTINENTAL MANAGEMENT LIMITED
15. LORNE HOUSE TRUST LIMITED (in liquidation)
16. TRIDENT TRUST COMPANY (I.O.M.) LIMITED
17. NORTHERN WYCHWOOD LIMITED formerly known as Wychwood Trust Limited Respondents

Judgment Summary issued by the High Court of Justice of the Isle of Man

This summary is provided to assist in understanding the judgment of the court. It does not form part of the judgment. The judgment itself is the only
authoritative document. The full judgment is available at www.judgments.im.

On 30 April 2012 His Honour Deemster Doyle First Deemster and Clerk of the Rolls sitting in the High Court of Justice of the Isle of Man Civil Division Ordinary Procedure delivered his reasons for judgment for making an order on the 17 April 2012 to the effect that certain respondent witnesses be examined by the US lawyers representing the Claimant and Defendants and certain documents be produced under the supervision of His Honour Deemster Williamson. In addition Deemster Doyle also ordered that the procedures identified in the Letter of Request dated 22 March 2012 (save for paragraph 9(f)) should be followed and that the United States’ Federal Rules of Evidence and Federal Rules of Civil Procedures should apply. The judgment sets out the reasons for making these orders.

The relief was granted pursuant to a Letter of Request dated the 22 March 2012 for judicial assistance issued by the Honourable Shira A. Scheindlin US District Judge for the Southern District of New York.

Deemster Doyle’s judgment of the 30 April 2012 considered the relevant law including the Evidence (Proceedings in Other Jurisdictions) Act 1975 as extended to the Isle of Man by the Evidence (Proceedings in Other Jurisdictions) (Isle of Man) Order 1979 (SI 1979 No. 1711). The judgment also considered the developing jurisprudence in respect of the High Court’s co-operation with courts exercising jurisdiction in a country or territory outside the Isle of Man.

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