Horne -v- Equity Trust (Jersey) Limited [2017] JRC 115 (24 July 2017)

Mediation should be ordered after preliminary steps but before discovery and witness statements to avoid disproportionate costs relative to the amount in dispute.

Citation: [2017] JRC 115
Parties: Plaintiff: Plaintiff; Defendant: Defendant
Jurisdiction: Jersey
Judgment Date: 24 July 2017
Procedural Posture: Civil / Directions Hearing
Outcome: Directions issued
Legal Topics: Costs, Mediation, Discovery, Case Management

Civil Procedure Costs Mediation Discovery Case Management

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 5

Parties

Plaintiff

Defendant

Procedural Posture

Civil / Directions Hearing

Legal Issues

1 Timing of stay for mediation under Rule 6/28 of the Royal Court Rules 2004
2 Appropriateness of ordering discovery prior to mediation
3 Clarification of parties' cases under Rule 6/15

Ratio Decidendi

Mediation should be ordered after preliminary steps but before discovery and witness statements to avoid disproportionate costs relative to the amount in dispute.

Court Disposition

Directions issued

Orders

Mediation to take place after defendant provides detailed schedule of costs and clarifies its case, and plaintiff files reply to certain paragraphs; discovery not ordered at this stage.