Pender v GGH (Jersey) Limited and Ors [2022] JRC 028 (03 February 2022)

Pender v GGH (Jersey) Limited and Ors [2022] JRC 028 (03 February 2022)

Simultaneous exchange of supplemental expert reports was ordered to ensure both parties' experts provide updated valuations based on the same information, to avoid adversarial responses in supplemental reports, and to focus the reports on updated value rather than criticism, with any disagreements to be addressed in joint meetings and at trial.

Citation
[2022] JRC 028
Parties
Plaintiff: Plaintiff (not named); Defendant: First Defendant (not named); Defendant: Second Defendant (not named); Defendant: Third Defendant (not named)
Jurisdiction
Jersey
Judgment Date
03 February 2022
Procedural Posture
Civil / Case Management Directions Regarding Expert Evidence
Outcome
Application granted in part; supplemental expert reports to be exchanged simultaneously.
Legal Topics
Expert Evidence, Case Management, Company Valuation, Unfair Prejudice
Civil Procedure Expert Evidence Case Management Company Valuation Unfair Prejudice

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Parties

Plaintiff (not named)

Plaintiff

First Defendant (not named)

Defendant

Second Defendant (not named)

Defendant

Third Defendant (not named)

Defendant

Procedural Posture

Civil / Case Management Directions Regarding Expert Evidence

Legal Issues

  1. 1 Whether supplemental expert reports on company valuation should be exchanged sequentially or simultaneously
  2. 2 Timing for production of updated expert reports

Ratio Decidendi

Simultaneous exchange of supplemental expert reports was ordered to ensure both parties' experts provide updated valuations based on the same information, to avoid adversarial responses in supplemental reports, and to focus the reports on updated value rather than criticism, with any disagreements to be addressed in joint meetings and at trial.

Court Disposition

Application granted in part; supplemental expert reports to be exchanged simultaneously.

Orders

  • Supplemental expert reports updating the valuation of the first defendant by the plaintiff and the second and third defendants to be exchanged simultaneously.
  • Any material relied on by the plaintiff for updated valuation to be disclosed four weeks before production of updated reports.