Angel Fish v Rok and Ors [2020] JRC 019 (18 February 2020)

Angel Fish v Rok and Ors [2020] JRC 019 (18 February 2020)

The court declined to order meetings of experts before expert reports, finding that the main disputes were factual regarding the scope of each defendant's responsibility, not technical matters for experts. Instead, the court ordered the plaintiffs to file a detailed schedule of loss specifying the contractual duties, breaches, and losses for each defendant to clarify the issues in dispute.

Citation
[2020] JRC 019
Parties
Plaintiff: First Plaintiff; Plaintiff: Second Plaintiff; Plaintiff: Third Plaintiff; Plaintiff: Fourth Plaintiff; Defendant: First Defendant (Rok); Defendant: Second Defendant (RGAL); Defendant: Third Defendant (JDL)
Jurisdiction
Jersey
Judgment Date
18 February 2020
Procedural Posture
Civil / Interlocutory Application for Case Management Directions
Outcome
Application for meetings of experts before reports refused; order for earlier and more detailed schedule of loss granted; costs in the cause.
Legal Topics
Expert Evidence, Case Management, Pleadings, Schedules of Loss
Construction Law Civil Procedure Expert Evidence Case Management Pleadings Schedules of Loss

Case Brief

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Parties

First Plaintiff

Plaintiff

Second Plaintiff

Plaintiff

Third Plaintiff

Plaintiff

Fourth Plaintiff

Plaintiff

First Defendant (Rok)

Defendant

Second Defendant (RGAL)

Defendant

Third Defendant (JDL)

Defendant

Procedural Posture

Civil / Interlocutory Application for Case Management Directions

Legal Issues

  1. 1 Whether meetings of experts should be ordered before expert reports are produced
  2. 2 Whether the plaintiffs should be required to file a detailed schedule of loss specifying breaches and losses for each defendant

Ratio Decidendi

The court declined to order meetings of experts before expert reports, finding that the main disputes were factual regarding the scope of each defendant's responsibility, not technical matters for experts. Instead, the court ordered the plaintiffs to file a detailed schedule of loss specifying the contractual duties, breaches, and losses for each defendant to clarify the issues in dispute.

Court Disposition

Application for meetings of experts before reports refused; order for earlier and more detailed schedule of loss granted; costs in the cause.

Orders

  • Plaintiffs to file a detailed schedule of loss specifying contractual duties, breaches, and losses for each defendant by specified date.
  • Consequential amendments to timetable for expert reports and meetings of experts after reports.