Byers & Ors v Samba Financial Group [2020] EWHC 2591 (Ch) (02 October 2020)

Byers & Ors v Samba Financial Group [2020] EWHC 2591 (Ch) (02 October 2020)

Disclosure of the Cayman expert reports is not warranted absent evidence of material inconsistency; the reports do not address the specific legal issue for trial and their production is not necessary for the just disposal of the proceedings.

Citation
[2020] EWHC 2591 (Ch)
Parties
Claimant: Mark Byers; Claimant: Hugh Dickson; Claimant: Saad Investment Company Limited (in liquidation); Defendant: Samba Financial Group
Jurisdiction
England and Wales
Judgment Date
02 October 2020
Procedural Posture
Disclosure Application in Civil Proceedings / Pre Trial, Written Submissions Only
Outcome
Application for disclosure refused
Legal Topics
Disclosure of Documents, Expert Evidence, Saudi Arabian Law, Knowing Receipt, Priority of Interests
Civil Procedure Banking Law Trusts and Equity Disclosure of Documents Expert Evidence Saudi Arabian Law Knowing Receipt Priority of Interests

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Parties

Mark Byers

Claimant

Hugh Dickson

Claimant

Saad Investment Company Limited (in liquidation)

Claimant

Samba Financial Group

Defendant

Procedural Posture

Disclosure Application in Civil Proceedings / Pre Trial, Written Submissions Only

Legal Issues

  1. 1 Whether the Claimants must disclose expert reports from Cayman Islands proceedings
  2. 2 Whether previous expert reports are disclosable under CPR 31.6 or CPR 51UPD
  3. 3 Whether disclosure is necessary for the just disposal of the proceedings

Ratio Decidendi

Disclosure of the Cayman expert reports is not warranted absent evidence of material inconsistency; the reports do not address the specific legal issue for trial and their production is not necessary for the just disposal of the proceedings.

Court Disposition

Application for disclosure refused

Orders

  • No order for disclosure of Cayman expert reports
  • No variation of the existing disclosure order