Carroo Construction Limited v Peroh (Royal Court : Hearing (Civil) : Cadin : Expert evidence) [2025] JRC 253 (9 October 2025)

Carroo Construction Limited v Peroh (Royal Court : Hearing (Civil) : Cadin : Expert evidence) [2025] JRC 253 (9 October 2025)

The application to join Mr Horgan personally is refused as the draft pleading fails to meet the required particularity for fraud and does not allege impropriety linked to use of the company to conceal wrongdoing. Extensions of time for witness statements and bundle are granted. The Plaintiff's expert evidence is excluded pending proper application due to lack of independence and engagement. The Plaintiff is ordered to pay 66% of the Defendant's wasted expert costs due to piecemeal discovery. Costs of other summonses are costs in the cause.

Citation
[2025] JRC 253
Parties
Plaintiff: Carroo Construction Limited; Defendant: Michael Peroh; Contracts Manager for Plaintiff (application for Joinder Refused): John Paul Horgan
Jurisdiction
Jersey
Judgment Date
09 October 2025
Procedural Posture
Civil (contract/construction Dispute) / Interlocutory (directions, Applications for Amendment, Costs, Expert Evidence)
Outcome
Applications for extensions of time granted; application to join Mr Horgan refused; Plaintiff's expert evidence excluded pending application; costs orders made as specified.
Legal Topics
Extensions of Time, Joinder of Parties, Pleading Fraud, Expert Evidence, Costs Orders, Discovery, Corporate Veil, Summary Judgment
Civil Procedure Contract Law Tort Law Evidence Extensions of Time Joinder of Parties Pleading Fraud Expert Evidence +4 more

Case Brief

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Parties

Carroo Construction Limited

Plaintiff

Michael Peroh

Defendant

John Paul Horgan

Contracts Manager for Plaintiff (application for Joinder Refused)

Procedural Posture

Civil (contract/construction Dispute) / Interlocutory (directions, Applications for Amendment, Costs, Expert Evidence)

Legal Issues

  1. 1 Whether to grant extensions of time for witness statements and common bundle
  2. 2 Whether to permit joinder of Mr Horgan personally for alleged fraud/negligent misstatement
  3. 3 Whether to admit or exclude expert evidence due to lack of independence or engagement

Ratio Decidendi

The application to join Mr Horgan personally is refused as the draft pleading fails to meet the required particularity for fraud and does not allege impropriety linked to use of the company to conceal wrongdoing. Extensions of time for witness statements and bundle are granted. The Plaintiff's expert evidence is excluded pending proper application due to lack of independence and engagement. The Plaintiff is ordered to pay 66% of the Defendant's wasted expert costs due to piecemeal discovery. Costs of other summonses are costs in the cause.

Court Disposition

Applications for extensions of time granted; application to join Mr Horgan refused; Plaintiff's expert evidence excluded pending application; costs orders made as specified.

Orders

  • Parties to create complete common bundle by 13 October 2025, adding new documents at end only.
  • Plaintiff's late witness statements permitted; Defendant may file updated statements by 20 October 2025.