1998/16 - American Endeavour Funds v Trueger and others [1998] UR 16 (23 January 1998)

1998/16 - American Endeavour Funds v Trueger and others [1998] UR 16 (23 January 1998)

The summons cannot proceed until the meaning of 'inspection by CD Rom' is clarified and evidence is heard on what facilities for inspection should be provided; admitted areas of non-compliance should be rectified as soon as reasonably possible.

Citation
[1998] UR 16
Parties
Plaintiff: Plaintiff; Defendant: First to Fourth Defendants
Jurisdiction
Jersey
Judgment Date
23 January 1998
Procedural Posture
Summons Regarding Discovery Dispute / Interlocutory Application; Adjournment of Summons
Outcome
Summons stood over sans jour fixe (adjourned without fixed date)
Legal Topics
Discovery, Inspection of Documents, Electronic Disclosure, Court Orders
Civil Procedure Discovery Inspection of Documents Electronic Disclosure Court Orders

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Parties

Plaintiff

Plaintiff

First to Fourth Defendants

Defendant

Procedural Posture

Summons Regarding Discovery Dispute / Interlocutory Application; Adjournment of Summons

Legal Issues

  1. 1 Interpretation of 'inspection by CD Rom' in discovery order
  2. 2 Sufficiency of compliance with discovery and inspection orders
  3. 3 Procedural requirements for electronic document inspection

Ratio Decidendi

The summons cannot proceed until the meaning of 'inspection by CD Rom' is clarified and evidence is heard on what facilities for inspection should be provided; admitted areas of non-compliance should be rectified as soon as reasonably possible.

Court Disposition

Summons stood over sans jour fixe (adjourned without fixed date)

Orders

  • No order made; parties to clarify positions and rectify admitted deficiencies in compliance as soon as possible.