Byers & Ors v Samba Financial Group

Byers & Ors v Samba Financial Group

In the absence of evidence of a material inconsistency in the expert reports, there is no basis for ordering disclosure under the standard or extended disclosure rules, nor is such disclosure necessary for the just disposal of the proceedings.

Parties
Claimant: Mark Byers; Claimant: Hugh Dickson; Claimant: Saad Investments Company Limited (in liquidation); Defendant: Samba Financial Group
Jurisdiction
England and Wales
Judgment Date
02 October 2020
Procedural Posture
Civil / Interlocutory Application for Disclosure
Outcome
application dismissed
Legal Topics
Disclosure of Documents, Expert Evidence, Extended Disclosure, Variation of Disclosure Orders
Civil Procedure Disclosure of Documents Expert Evidence Extended Disclosure Variation of Disclosure Orders

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Parties

Mark Byers

Claimant

Hugh Dickson

Claimant

Saad Investments Company Limited (in liquidation)

Claimant

Samba Financial Group

Defendant

Procedural Posture

Civil / Interlocutory Application for Disclosure

Legal Issues

  1. 1 Whether the claimants should be ordered to disclose and provide inspection of expert reports from related Cayman Islands proceedings under CPR 51UPD or otherwise
  2. 2 Whether such disclosure is necessary for the just disposal of the proceedings

Ratio Decidendi

In the absence of evidence of a material inconsistency in the expert reports, there is no basis for ordering disclosure under the standard or extended disclosure rules, nor is such disclosure necessary for the just disposal of the proceedings.

Court Disposition

application dismissed

Orders

  • No order for disclosure of the Cayman expert reports