Sampurna Properties (Jersey) Limited v Blacks Outdoor Retail Limited [2019] JRC 092 (23 May 2019)

It is appropriate to order a Scott Schedule before discovery in this case because the plaintiff's pleadings do not sufficiently set out the breaches alleged, but the plaintiff has enough knowledge through its surveyor to identify the breaches. The Scott Schedule will clarify the issues in dispute and enable proportionate discovery.

Citation: [2019] JRC 092
Parties: Plaintiff: Plaintiff; Defendant: Defendant
Jurisdiction: Jersey
Judgment Date: 23 May 2019
Procedural Posture: Directions Hearing in Contractual Lease Dispute / Interlocutory Directions
Outcome: Directions issued
Legal Topics: Lease Obligations, Dilapidations, Scott Schedule, Pleading Requirements, Discovery

Property Law Contract Law Civil Procedure Lease Obligations Dilapidations Scott Schedule Pleading Requirements Discovery

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Parties

Plaintiff

Defendant

Procedural Posture

Directions Hearing in Contractual Lease Dispute / Interlocutory Directions

Legal Issues

1 Whether a Scott Schedule should be ordered before discovery in a lease dilapidations dispute
2 Whether the pleadings sufficiently set out the material facts and breaches alleged

Ratio Decidendi

Court Disposition

Directions issued

Orders

Plaintiff to provide a Scott Schedule before discovery, following the recommended format.
Defendant to provide further information clarifying its case in response to certain allegations.