MacLeod v The Channel Islands Cooperative Society Limited [2024] JRC 109 (13 May 2024)

MacLeod v The Channel Islands Cooperative Society Limited [2024] JRC 109 (13 May 2024)

The Plaintiff was granted an extension of time to apply for specific discovery because the breach was promptly rectified, the issues raised were serious and central to the case, and the Plaintiff had not sat on his hands. The Defendant was ordered to request relevant communications from directors' personal devices and disclose them, as such documents were within the Defendant's control and relevant to the pleaded issues. The Plaintiff was ordered to comply with e-discovery requirements at his own cost due to non-compliance with Practice Direction RC17/08. The Plaintiff was not debarred from filing witness statements, but deadlines were set for both parties' evidence. Some of the...

Citation
[2024] JRC 109
Parties
Plaintiff: Plaintiff (Mr Macleod); Defendant: Defendant (CICS)
Jurisdiction
Jersey
Judgment Date
13 May 2024
Procedural Posture
Personal Injury Claim (psychiatric and Physical Injury From Workplace Stress) / Interlocutory Applications: Extension of Time for Specific Discovery, Specific Discovery, E Discovery Directions, and Exchange of Witness Statements
Outcome
Plaintiff's application for extension of time for specific discovery granted; specific discovery ordered in part; Plaintiff ordered to comply with e-discovery protocols at own cost; Defendant ordered to request and disclose relevant communications from directors' personal devices; Plaintiff not debarred from filing...
Legal Topics
Specific Discovery, E Discovery, Extension of Time, Witness Statements, Workplace Stress, Document Preservation, Affidavit of Discovery
Civil Procedure Employment Law Personal Injury Specific Discovery E Discovery Extension of Time Witness Statements Workplace Stress +2 more

Case Brief

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Parties

Plaintiff (Mr Macleod)

Plaintiff

Defendant (CICS)

Defendant

Procedural Posture

Personal Injury Claim (psychiatric and Physical Injury From Workplace Stress) / Interlocutory Applications: Extension of Time for Specific Discovery, Specific Discovery, E Discovery Directions, and Exchange of Witness Statements

Legal Issues

  1. 1 Whether the Plaintiff should be granted an extension of time to apply for specific discovery out of time
  2. 2 Whether the Defendant should be ordered to obtain and disclose communications (including emails and WhatsApp messages) from directors' personal devices
  3. 3 Whether the Plaintiff should be required to undertake a specific e-discovery exercise

Ratio Decidendi

The Plaintiff was granted an extension of time to apply for specific discovery because the breach was promptly rectified, the issues raised were serious and central to the case, and the Plaintiff had not sat on his hands. The Defendant was ordered to request relevant communications from directors' personal devices and disclose them, as such documents were within the Defendant's control and relevant to the pleaded issues. The Plaintiff was ordered to comply with e-discovery requirements at his own cost due to non-compliance with Practice Direction RC17/08. The Plaintiff was not debarred from filing witness statements, but deadlines were set for both parties' evidence. Some of the...

Court Disposition

Plaintiff's application for extension of time for specific discovery granted; specific discovery ordered in part; Plaintiff ordered to comply with e-discovery protocols at own cost; Defendant ordered to request and disclose relevant communications from directors' personal devices; Plaintiff not debarred from filing...

Orders

  • Plaintiff granted extension of time to apply for specific discovery.
  • Defendant to request and disclose relevant communications (emails, WhatsApp messages) from directors' and former directors' personal devices relating to the Plaintiff and the Defendant's affairs.