CMC Holdings Ltd -v- Forster and Others [2017] JRC 188 (08 November 2017)

CMC Holdings Ltd -v- Forster and Others [2017] JRC 188 (08 November 2017)

It is appropriate to limit the plaintiffs' discovery obligations to a sampling of at least 10% of the documents in the storerooms, given the vast volume, disorganized state, and low likelihood of finding relevant documents, and considering the proportionality factors set out in the Practice Directions. The plaintiffs' approach is reasonable and does not prejudice a fair trial or the defendants' ability to seek further discovery if justified.

Citation
[2017] JRC 188
Parties
Plaintiff: Plaintiffs; Defendant: First Defendant; Defendant: Second Defendant; Defendant: Third Defendant
Jurisdiction
Jersey
Judgment Date
08 November 2017
Procedural Posture
Civil / Interlocutory Application for Limited Discovery
Outcome
Application granted
Legal Topics
Discovery, Proportionality in Discovery, Document Management, Litigation Practice
Civil Procedure Discovery Proportionality in Discovery Document Management Litigation Practice

Case Brief

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Parties

Plaintiffs

Plaintiff

First Defendant

Defendant

Second Defendant

Defendant

Third Defendant

Defendant

Procedural Posture

Civil / Interlocutory Application for Limited Discovery

Legal Issues

  1. 1 Whether the plaintiffs should be permitted to limit discovery obligations to a sampling of documents in their storerooms
  2. 2 Whether the plaintiffs' approach to discovery is reasonable and proportionate under the Royal Court Rules and Practice Directions

Ratio Decidendi

It is appropriate to limit the plaintiffs' discovery obligations to a sampling of at least 10% of the documents in the storerooms, given the vast volume, disorganized state, and low likelihood of finding relevant documents, and considering the proportionality factors set out in the Practice Directions. The plaintiffs' approach is reasonable and does not prejudice a fair trial or the defendants' ability to seek further discovery if justified.

Court Disposition

Application granted

Orders

  • Plaintiffs permitted to undertake a limited search for discoverable documents, sampling not less than 10% of storeroom documents as described in the affidavit of Sally Patricia Mukabana.
  • Plaintiffs to give discovery of any relevant documents arising from the limited search by 17th November, 2017.