Representation of HSBC Trustee (C.I.) Limited (Royal Court : Hearing (Civil) : Bailhache, W : Discovery) [2025] JRC 193 (28 July 2025)

Representation of HSBC Trustee (C.I.) Limited (Royal Court : Hearing (Civil) : Bailhache, W : Discovery) [2025] JRC 193 (28 July 2025)

Discovery must include communications with individual members and affiliate entities within the HSBC group from the inception of the Scheme (1 April 1986) to 20 December 2023, as evidence of member expectations may be relevant and commonality may be established; proportionality does not preclude such searches given the value and scope of the Scheme.

Citation
[2025] JRC 193
Parties
Applicant (trustee): HSBC Trustee (C.I.) Limited; First Respondents (scheme Members): Representative Members; Second Respondent (sponsoring Employer): HSBC International Staff Retirement Benefit Scheme Sponsoring Employer
Jurisdiction
Jersey
Judgment Date
28 July 2025
Procedural Posture
Trust Representation / Interlocutory Judgment on Discovery Protocols
Outcome
Interlocutory directions granted on discovery protocols.
Legal Topics
Discovery, Scheme Administration, Employer Duties, Member Expectations, Augmentation of Benefits
Trusts Pensions Civil Procedure Discovery Scheme Administration Employer Duties Member Expectations Augmentation of Benefits

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Parties

HSBC Trustee (C.I.) Limited

Applicant (trustee)

Representative Members

First Respondents (scheme Members)

HSBC International Staff Retirement Benefit Scheme Sponsoring Employer

Second Respondent (sponsoring Employer)

Procedural Posture

Trust Representation / Interlocutory Judgment on Discovery Protocols

Legal Issues

  1. 1 Scope of discovery in representative proceedings
  2. 2 Relevance of communications to individual members
  3. 3 Obligation to search affiliate entities' records

Ratio Decidendi

Discovery must include communications with individual members and affiliate entities within the HSBC group from the inception of the Scheme (1 April 1986) to 20 December 2023, as evidence of member expectations may be relevant and commonality may be established; proportionality does not preclude such searches given the value and scope of the Scheme.

Court Disposition

Interlocutory directions granted on discovery protocols.

Orders

  • Discovery to include communications with individual members and affiliates from 1 April 1986 to 20 December 2023.
  • Keyword 'international officers' to be included in search terms.