Bates -v- Weston [2017] JRC 111 (18 July 2017)

Bates -v- Weston [2017] JRC 111 (18 July 2017)

Discovery was ordered because Mr Weston established a prima facie case that relevant documents exist regarding the arrangements between Mr Bates, Leeds, and Carter-Ruck, and these documents are necessary to resolve the issue of costs liability in the English libel proceedings.

Citation
[2017] JRC 111
Parties
Applicant: Mr Weston; Respondent: Mr Bates; Interested Party: Leeds United Football Club (Leeds)
Jurisdiction
Jersey
Judgment Date
18 July 2017
Procedural Posture
Application for Discovery / Interlocutory
Outcome
Application for discovery granted in part
Legal Topics
Discovery, Costs Liability, Registration of Foreign Judgments, Indemnity Arrangements
Civil Procedure Costs Enforcement of Judgments Discovery Costs Liability Registration of Foreign Judgments Indemnity Arrangements

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Parties

Mr Weston

Applicant

Mr Bates

Respondent

Leeds United Football Club (Leeds)

Interested Party

Procedural Posture

Application for Discovery / Interlocutory

Legal Issues

  1. 1 Whether Mr Bates or Leeds is liable for legal costs in English libel proceedings
  2. 2 Whether Mr Weston is entitled to discovery of documents relating to costs and litigation management
  3. 3 Whether there is evidence of an arrangement affecting liability for costs

Ratio Decidendi

Discovery was ordered because Mr Weston established a prima facie case that relevant documents exist regarding the arrangements between Mr Bates, Leeds, and Carter-Ruck, and these documents are necessary to resolve the issue of costs liability in the English libel proceedings.

Court Disposition

Application for discovery granted in part

Orders

  • Mr Bates to disclose relevant parts of the Leeds-GFH sale agreement regarding litigation management and costs.
  • Mr Bates to disclose any related agreements allowing him to manage or run litigation for Leeds.