Booth -v- Zenith [2017] JRC 098B (28 June 2017)

Booth -v- Zenith [2017] JRC 098B (28 June 2017)

The documents withheld by the plaintiff are relevant and not privileged, as privilege belongs to the offshore companies which are dissolved and cannot assert it. The plaintiff's reference to the advice in his witness statement requires disclosure. Parts of paragraph 78 and paragraphs 80-82 of the plaintiff's witness...

Source-derived case information.

Citation
[2017] JRC 098B
Parties
Plaintiff: Booth; Defendant: Zenith Trust Company Limited
Jurisdiction
Jersey
Judgment Date
28 June 2017
Procedural Posture
Civil / Interlocutory Applications Prior to Trial
Outcome
Defendant's applications granted
Legal Topics
Discovery, Privilege, Witness Evidence, Reflective Loss, Accounting, Striking Out Pleadings
Civil Procedure Trusts Contract Discovery Privilege Witness Evidence Reflective Loss Accounting +1 more

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Parties

Booth

Plaintiff

Zenith Trust Company Limited

Defendant

Procedural Posture

Civil / Interlocutory Applications Prior to Trial

Legal Issues

  1. 1 Whether documents withheld by the plaintiff are privileged and must be disclosed
  2. 2 Whether parts of paragraph 78 of the plaintiff's witness statement should be struck out for introducing new causes of action
  3. 3 Whether paragraphs 80-82 of the plaintiff's witness statement should be struck out for containing submission, argument, or opinion

Ratio Decidendi

The documents withheld by the plaintiff are relevant and not privileged, as privilege belongs to the offshore companies which are dissolved and cannot assert it. The plaintiff's reference to the advice in his witness statement requires disclosure. Parts of paragraph 78 and paragraphs 80-82 of the plaintiff's witness statement are struck out as they introduce new causes of action or contain submission and opinion, not evidence of fact.

Court Disposition

Defendant's applications granted

Orders

  • Plaintiff to disclose withheld documents
  • Parts of paragraph 78 and paragraphs 80-82 of plaintiff's witness statement struck out