Rudman -v- Kennedy [2009] JRC 171 (26 August 2009)

Rudman -v- Kennedy [2009] JRC 171 (26 August 2009)

The application to adduce expert evidence on the status of Wildman Investments Limited under English law is granted as it may assist the Court, but the application to join Hanau Limited as a third party is refused due to the lateness of the application, the procedural history, and the balance of justice favoring the...

Source-derived case information.

Citation
[2009] JRC 171
Parties
Plaintiff: Mr Rudman; Defendant: Defendant; Proposed Third Party: Hanau Limited
Jurisdiction
Jersey
Judgment Date
26 August 2009
Procedural Posture
Civil / Pre Trial Directions Hearing
Outcome
Defendant's application to adduce expert evidence granted; application to join Hanau Limited as third party refused.
Legal Topics
Joinder of Parties, Adducing Expert Evidence, Delay in Proceedings, Costs
Civil Procedure Joinder of Parties Adducing Expert Evidence Delay in Proceedings Costs

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Parties

Mr Rudman

Plaintiff

Defendant

Defendant

Hanau Limited

Proposed Third Party

Procedural Posture

Civil / Pre Trial Directions Hearing

Legal Issues

  1. 1 Whether the defendant may adduce expert evidence on the status of Wildman Investments Limited under English law
  2. 2 Whether Hanau Limited should be joined as a third party at a late stage in proceedings

Ratio Decidendi

The application to adduce expert evidence on the status of Wildman Investments Limited under English law is granted as it may assist the Court, but the application to join Hanau Limited as a third party is refused due to the lateness of the application, the procedural history, and the balance of justice favoring the plaintiff.

Court Disposition

Defendant's application to adduce expert evidence granted; application to join Hanau Limited as third party refused.

Orders

  • Defendant granted leave to adduce expert evidence on English law regarding Wildman Investments Limited, evidence to be filed by 4 September 2009.
  • Plaintiff may file affidavit in reply by 11 September 2009.