Hard Rock Limited and Anor v HRCKY Limited [2020] JRC 173 (01 September 2020)

Hard Rock Limited and Anor v HRCKY Limited [2020] JRC 173 (01 September 2020)

Although the plaintiffs failed to conduct physical searches at Head Office as required, this breach was not material in the context of the overall compliance and the significant change in approach to discovery. The application for extension of time was made before expiry of the time limit, and the plaintiffs' ongoing efforts justify granting the extension, subject to conditions.

Citation
[2020] JRC 173
Parties
Plaintiffs: Hard Rock Ltd and Anor; Defendant: HRKCY Ltd
Jurisdiction
Jersey
Judgment Date
01 September 2020
Procedural Posture
Application for Extension of Time to Comply With Discovery Orders / Post Discovery Orders, Application for Extension of Time
Outcome
Application for extension of time granted, subject to conditions.
Legal Topics
Extension of Time, Discovery Obligations, Relief From Sanctions, Electronic Discovery, Practice Directions
Civil Procedure Discovery Extension of Time Discovery Obligations Relief From Sanctions Electronic Discovery Practice Directions

Case Brief

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Parties

Hard Rock Ltd and Anor

Plaintiffs

HRKCY Ltd

Defendant

Procedural Posture

Application for Extension of Time to Comply With Discovery Orders / Post Discovery Orders, Application for Extension of Time

Legal Issues

  1. 1 Whether the plaintiffs materially breached discovery orders by failing to conduct physical searches at Head Office
  2. 2 Whether an extension of time to comply with discovery obligations should be granted
  3. 3 Whether the plaintiffs' approach to discovery complied with Practice Directions RC17/07 and RC17/08

Ratio Decidendi

Although the plaintiffs failed to conduct physical searches at Head Office as required, this breach was not material in the context of the overall compliance and the significant change in approach to discovery. The application for extension of time was made before expiry of the time limit, and the plaintiffs' ongoing efforts justify granting the extension, subject to conditions.

Court Disposition

Application for extension of time granted, subject to conditions.

Orders

  • Plaintiffs to review and replace the sixth supplemental list of documents to remove irrelevant documents and comply with Practice Direction RC17/08.
  • Plaintiffs to carry out a physical search for records relating to profitability of corporate cafés at Head Office.