Patel v JTC Trust Company Limited and Ors [2024] JRC 101 (25 April 2024)

Patel v JTC Trust Company Limited and Ors [2024] JRC 101 (25 April 2024)

Expert evidence on the Kenyan tax amnesty is necessary but must be narrowly confined to the existence, timing, conditions, and compliance requirements of the amnesty relevant to the case.

Citation
[2024] JRC 101
Parties
Plaintiff: Plaintiffs; Defendant: Second and Third Defendants
Jurisdiction
Jersey
Judgment Date
25 April 2024
Procedural Posture
Civil / Interlocutory Application for Permission to Adduce Expert Evidence
Outcome
Application granted in part
Legal Topics
Expert Evidence, Foreign Law, Tax Amnesty

Case Brief

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Parties

Plaintiffs

Plaintiff

Second and Third Defendants

Defendant

Procedural Posture

Civil / Interlocutory Application for Permission to Adduce Expert Evidence

  1. 1 Whether expert evidence on Kenyan tax amnesty is necessary and admissible

Ratio Decidendi

Expert evidence on the Kenyan tax amnesty is necessary but must be narrowly confined to the existence, timing, conditions, and compliance requirements of the amnesty relevant to the case.

Court Disposition

Application granted in part

Orders

  • Parties to jointly identify and instruct a suitably qualified Kenyan tax or legal expert on the specified issues.
  • Parties to agree instructions to the expert within fourteen days of receipt of the judgment.