Alpen Partners Limited v Al-Amir and Ors [2021] JRC 254 (19 October 2021)

Alpen Partners Limited v Al-Amir and Ors [2021] JRC 254 (19 October 2021)

Discovery must focus on the general partner and key individuals' email accounts for the relevant period, capturing offers, expressions of interest, and views on property value. Broader discovery from limited partners is disproportionate at this stage but may be revisited after general discovery. Defendants' discovery obligations are satisfied by reasonable searches and explanations for any missing data, with independent supervision where appropriate.

Citation
[2021] JRC 254
Parties
Plaintiff: Alpen Partners Limited; First Defendant: Mr Al-Amiri; Defendants: Second to Fourth Defendants (Carey Olsen Defendants); Third Parties: BPC Plaintiffs
Jurisdiction
Jersey
Judgment Date
19 October 2021
Procedural Posture
Civil / Post Directions Hearing, Discovery Orders
Outcome
Discovery orders granted as specified; case stayed for mediation after discovery.
Legal Topics
Electronic Discovery, Disclosure Obligations, Director Duties, Compound Interest, Management Fees, Valuation of Property
Civil Procedure Company Law Insolvency Electronic Discovery Disclosure Obligations Director Duties Compound Interest Management Fees +1 more

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Parties

Alpen Partners Limited

Plaintiff

Mr Al-Amiri

First Defendant

Second to Fourth Defendants (Carey Olsen Defendants)

Defendants

BPC Plaintiffs

Third Parties

Procedural Posture

Civil / Post Directions Hearing, Discovery Orders

Legal Issues

  1. 1 Scope of electronic discovery to be provided by parties
  2. 2 Extent of discovery required from third parties (BPC Plaintiffs)
  3. 3 Appropriate searches of email accounts for discovery

Ratio Decidendi

Discovery must focus on the general partner and key individuals' email accounts for the relevant period, capturing offers, expressions of interest, and views on property value. Broader discovery from limited partners is disproportionate at this stage but may be revisited after general discovery. Defendants' discovery obligations are satisfied by reasonable searches and explanations for any missing data, with independent supervision where appropriate.

Court Disposition

Discovery orders granted as specified; case stayed for mediation after discovery.

Orders

  • Plaintiff and third parties to search and disclose relevant documents from specified email accounts and custodians, including additional names and search terms.
  • First defendant to extend discovery date range and provide laptop to independent e-discovery provider; affidavit to explain any missing data.