Booth -v- Zenith Trust Company Limited [2015] JRC 126 (11 June 2015)

Booth -v- Zenith Trust Company Limited [2015] JRC 126 (11 June 2015)

The defendant failed to disclose relevant documents as required by its ongoing duty of disclosure. The voluntary production of documents demonstrated that the discovery affidavit was not conclusive. The court ordered specific discovery of certain documents, with liberty for the defendant to apply for relief from producing bank statements if it would be disproportionate.

Citation
[2015] JRC 126
Parties
Plaintiff: Mr Booth; Defendant: Zenith Trust Company Limited
Jurisdiction
Jersey
Judgment Date
11 June 2015
Procedural Posture
Civil / Interlocutory Application for Specific Discovery
Outcome
Plaintiff's application for specific discovery granted.
Legal Topics
Disclosure of Documents, Specific Discovery, Pleadings, Costs
Civil Procedure Disclosure Disclosure of Documents Specific Discovery Pleadings Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Booth

Plaintiff

Zenith Trust Company Limited

Defendant

Procedural Posture

Civil / Interlocutory Application for Specific Discovery

Legal Issues

  1. 1 Whether the defendant failed to disclose relevant documents as part of its ongoing duty of disclosure
  2. 2 Whether the documents voluntarily produced should have been disclosed earlier
  3. 3 Whether an affidavit from the plaintiff was required to challenge the defendant's discovery affidavit

Ratio Decidendi

The defendant failed to disclose relevant documents as required by its ongoing duty of disclosure. The voluntary production of documents demonstrated that the discovery affidavit was not conclusive. The court ordered specific discovery of certain documents, with liberty for the defendant to apply for relief from producing bank statements if it would be disproportionate.

Court Disposition

Plaintiff's application for specific discovery granted.

Orders

  • Defendant to provide specific discovery of relevant documents, including those voluntarily produced and documents relating to indemnities and due diligence with STM.
  • Liberty to the defendant to apply for relief from producing bank statements if production would be disproportionate.