1998/5 - Pirunico and others v Jefferson Seal [1998] UR 5 (13 January 1998)

1998/5 - Pirunico and others v Jefferson Seal [1998] UR 5 (13 January 1998)

The evidence of Mr Hayes is not relevant to any matter of law the Court must decide at trial; his report concerns matters of English practice and personal opinion, not technical or esoteric issues requiring expert elucidation. The application for disclosure of the English Law Experts Report by Jefferson Seal fails as they have no interest in the trustee against trustee claim governed by English law.

Citation
[1998] UR 5
Parties
Plaintiff: BNP and Pirunico (Plaintiffs); First Defendant: Wallbrook Trustees (Jersey) Ltd; Second Defendant: Jefferson Seal; Other Party: Advocate Costa; Other Party: Advocate O’Connell
Jurisdiction
Jersey
Judgment Date
13 January 1998
Procedural Posture
Interlocutory Applications in Trust/negligence Actions / Pre Trial (applications to Exclude Expert Evidence and for Disclosure)
Outcome
Applications dismissed; evidence of Mr Hayes excluded; application for disclosure by Jefferson Seal refused.
Legal Topics
Admissibility of Expert Evidence, Trustee Duties, Disclosure of Expert Reports
Trust Law Civil Procedure Evidence Admissibility of Expert Evidence Trustee Duties Disclosure of Expert Reports

Case Brief

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Parties

BNP and Pirunico (Plaintiffs)

Plaintiff

Wallbrook Trustees (Jersey) Ltd

First Defendant

Jefferson Seal

Second Defendant

Advocate Costa

Other Party

Advocate O’Connell

Other Party

Procedural Posture

Interlocutory Applications in Trust/negligence Actions / Pre Trial (applications to Exclude Expert Evidence and for Disclosure)

Legal Issues

  1. 1 Whether the expert evidence of Michael Anthony Hayes is admissible at trial
  2. 2 Whether Jefferson Seal is entitled to sight of the English Law Experts Report exchanged between the plaintiff and Wallbrook Trustees

Ratio Decidendi

The evidence of Mr Hayes is not relevant to any matter of law the Court must decide at trial; his report concerns matters of English practice and personal opinion, not technical or esoteric issues requiring expert elucidation. The application for disclosure of the English Law Experts Report by Jefferson Seal fails as they have no interest in the trustee against trustee claim governed by English law.

Court Disposition

Applications dismissed; evidence of Mr Hayes excluded; application for disclosure by Jefferson Seal refused.

Orders

  • The evidence of Michael Anthony Hayes is not admitted at trial.
  • The application by Jefferson Seal for sight of the English Law Experts Report is refused.