Byers & Anor (Liquidators of Saad Investments Company Ltd) v Samba Financial Group

Byers & Anor (Liquidators of Saad Investments Company Ltd) v Samba Financial Group

The defendant is granted an extension of time for disclosure until 13 December 2019, as the evidence does not support deliberate obstruction or dishonesty, and a fair trial requires proper disclosure. An unless order is not appropriate at this stage, but further non-compliance will justify more rigorous sanctions.

Parties
Claimant: Mark Byers; Claimant: Hugh Dickson; Claimant: Saad Investments Company Limited (in liquidation); Defendant: Samba Financial Group
Jurisdiction
England and Wales
Judgment Date
22 October 2019
Procedural Posture
Civil / Interlocutory Application for Extension of Time for Disclosure
Outcome
Application for extension of time partially allowed
Legal Topics
Disclosure, Case Management, Extension of Time
Civil Procedure Disclosure Case Management Extension of Time

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Mark Byers

Claimant

Hugh Dickson

Claimant

Saad Investments Company Limited (in liquidation)

Claimant

Samba Financial Group

Defendant

Procedural Posture

Civil / Interlocutory Application for Extension of Time for Disclosure

Legal Issues

  1. 1 Whether the defendant should be granted an extension of time for disclosure
  2. 2 Whether the defendant's conduct warrants an unless order
  3. 3 Whether SAMA's involvement justifies delay

Ratio Decidendi

The defendant is granted an extension of time for disclosure until 13 December 2019, as the evidence does not support deliberate obstruction or dishonesty, and a fair trial requires proper disclosure. An unless order is not appropriate at this stage, but further non-compliance will justify more rigorous sanctions.

Court Disposition

Application for extension of time partially allowed

Orders

  • Extension of time for disclosure granted until 13 December 2019
  • No rolling disclosure ordered