1999/213 - Mayo v Bank Cantrade [1999] UR 213 (15 December 1999)

1999/213 - Mayo v Bank Cantrade [1999] UR 213 (15 December 1999)

The identity of investors is relevant and must be disclosed to enable respondents to verify alleged payments; there is no legal doctrine of confidentiality preventing such disclosure. Subparagraphs (1) and (2) of paragraph 84 were correctly struck out as they disclosed no reasonable cause of action for loss, lacking...

Source-derived case information.

Citation
[1999] UR 213
Parties
Plaintiff: Mayo Associates SA; Plaintiff: Troy Associates Ltd.; Plaintiff: TTS International SA; Defendant: Anagram (Bermuda) Limited; Defendant: Robert Young; Defendant: Maureen Young; Defendant: Cantrade Private Bank Switzerland (C. I.) Limited; Defendant: Touche Ross & Co; Party Cited: Lionrock Limited; Party Cited: Edgefield Properties Limited; Party Cited: Box Limited; Party Cited: Starshield Limited; Party Cited: TSB Bank Channel Islands Limited; Third Party: Robert John Young; Third Party: Anagram (Bermuda) Limited; Third Party: Myles Tweedale Stott; Third Party: Michael Gordon Marsh; Third Party: Monica Gabrielli; Third Party: Touche Ross & Co; Third Party: Cantrade Private Bank Switzerland (C. I.) Limited; Third Party: The Attorney General
Jurisdiction
Jersey
Judgment Date
15 December 1999
Procedural Posture
Civil Appeal / Application for Leave to Appeal (interlocutory Orders)
Outcome
Leave to appeal refused.
Legal Topics
Particulars of Pleadings, Confidentiality, Estoppel, Striking Out Pleadings, Damages Quantification
Civil Procedure Professional Negligence Particulars of Pleadings Confidentiality Estoppel Striking Out Pleadings Damages Quantification

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Parties

Mayo Associates SA

Plaintiff

Troy Associates Ltd.

Plaintiff

TTS International SA

Plaintiff

Anagram (Bermuda) Limited

Defendant

Robert Young

Defendant

Maureen Young

Defendant

Cantrade Private Bank Switzerland (C. I.) Limited

Defendant

Touche Ross & Co

Defendant

Lionrock Limited

Party Cited

Edgefield Properties Limited

Party Cited

Box Limited

Party Cited

Starshield Limited

Party Cited

TSB Bank Channel Islands Limited

Party Cited

Robert John Young

Third Party

Anagram (Bermuda) Limited

Third Party

Myles Tweedale Stott

Third Party

Michael Gordon Marsh

Third Party

Monica Gabrielli

Third Party

Touche Ross & Co

Third Party

Cantrade Private Bank Switzerland (C. I.) Limited

Third Party

The Attorney General

Third Party

Procedural Posture

Civil Appeal / Application for Leave to Appeal (interlocutory Orders)

Legal Issues

  1. 1 Whether plaintiffs must disclose the identity of investors as a condition of amending pleadings
  2. 2 Whether subparagraphs (1) and (2) of paragraph 84 of the re-amended Order of Justice should be struck out as disclosing no reasonable cause of action for loss

Ratio Decidendi

The identity of investors is relevant and must be disclosed to enable respondents to verify alleged payments; there is no legal doctrine of confidentiality preventing such disclosure. Subparagraphs (1) and (2) of paragraph 84 were correctly struck out as they disclosed no reasonable cause of action for loss, lacking a causal link between the alleged negligence and the claimed loss. Estoppel does not create a cause of action or determine the measure of damages in negligence cases.

Court Disposition

Leave to appeal refused.

Orders

  • Leave to appeal against the order requiring disclosure of investor identities refused.
  • Leave to appeal against the order striking out subparagraphs (1) and (2) of paragraph 84 refused.