FTV II and Ors v ETFS Capital Limited and Anor [2020] JRC 032 (20 February 2020)

FTV II and Ors v ETFS Capital Limited and Anor [2020] JRC 032 (20 February 2020)

The court held that in the absence of agreement, it could not deem lists of issues or facts as agreed. Discovery should be proportionate and focused on pleaded issues, but where the plaintiffs' claims concern the intentions and conduct of the defendants over a lengthy period, a broader scope of discovery is justified. The defendant company is to conduct discovery of its own email accounts, including those of relevant officers, but emails to and from Mr. Tuckwell's family members are excluded due to insufficient connection to the business. Costs of the summons are reserved.

Citation
[2020] JRC 032
Parties
Plaintiffs: Financial Technology Ventures II (Q), L.P. and Others; First Defendant: ETFS Capital Limited; Second Defendant: Mr. Tuckwell
Jurisdiction
Jersey
Judgment Date
20 February 2020
Procedural Posture
Civil Shareholder Dispute / Interlocutory Application for Case Management and Discovery Directions
Outcome
Partially granted and partially refused
Legal Topics
Minority Shareholder Protection, Unfair Prejudice, Just and Equitable Winding Up, Electronic Discovery, Case Management Directions
Company Law Civil Procedure Minority Shareholder Protection Unfair Prejudice Just and Equitable Winding Up Electronic Discovery Case Management Directions

Case Brief

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Parties

Financial Technology Ventures II (Q), L.P. and Others

Plaintiffs

ETFS Capital Limited

First Defendant

Mr. Tuckwell

Second Defendant

Procedural Posture

Civil Shareholder Dispute / Interlocutory Application for Case Management and Discovery Directions

Legal Issues

  1. 1 Whether the lists of issues and agreed facts should be treated as agreed in the absence of consensus
  2. 2 Scope and protocol for electronic discovery, including search terms, custodians, and time periods
  3. 3 Whether emails to and from family members should be included in discovery

Ratio Decidendi

The court held that in the absence of agreement, it could not deem lists of issues or facts as agreed. Discovery should be proportionate and focused on pleaded issues, but where the plaintiffs' claims concern the intentions and conduct of the defendants over a lengthy period, a broader scope of discovery is justified. The defendant company is to conduct discovery of its own email accounts, including those of relevant officers, but emails to and from Mr. Tuckwell's family members are excluded due to insufficient connection to the business. Costs of the summons are reserved.

Court Disposition

Partially granted and partially refused

Orders

  • The court refused to treat the lists of issues and facts as agreed in the absence of consensus.
  • The court approved a discovery protocol with defined topics, time periods, keywords, and custodians, excluding emails to and from Mr. Tuckwell's family members.