Campbell -v- Campbell and Longton [2015] JRC 249 (03 December 2015)

Campbell -v- Campbell and Longton [2015] JRC 249 (03 December 2015)

Robert is ordered to provide, by way of further and better particulars, a schedule recording payments as set out in specified pages of the October Schedule, as these constitute his present case regarding the source and timing of loans to Longton. Requests for further particulars regarding the informal arrangement with Azure Gold Ltd are refused, as Robert's case is clear that no formal contract existed and further explanation should be provided by witness statement. Robert must swear a compliant affidavit of discovery listing all relevant documents and identifying those no longer in his possession, as his previous affidavit was defective and supplemental discovery was produced without...

Citation
[2015] JRC 249
Parties
Plaintiff: Richard Campbell; First Defendant: Robert Campbell; Second Defendant: Longton Holdings Limited
Jurisdiction
Jersey
Judgment Date
03 December 2015
Procedural Posture
Civil / Interlocutory Applications for Further and Better Particulars and Specific Discovery
Outcome
Partially allowed and partially refused
Legal Topics
Further and Better Particulars, Specific Discovery, Constructive Trust, Loan Arrangements, Beneficial Ownership
Civil Procedure Trusts and Equity Further and Better Particulars Specific Discovery Constructive Trust Loan Arrangements Beneficial Ownership

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Parties

Richard Campbell

Plaintiff

Robert Campbell

First Defendant

Longton Holdings Limited

Second Defendant

Procedural Posture

Civil / Interlocutory Applications for Further and Better Particulars and Specific Discovery

Legal Issues

  1. 1 Whether Robert must provide further and better particulars regarding loan arrangements and the October Schedule
  2. 2 Whether Robert must provide specific discovery of documents relating to ownership, loans, and bank statements

Ratio Decidendi

Robert is ordered to provide, by way of further and better particulars, a schedule recording payments as set out in specified pages of the October Schedule, as these constitute his present case regarding the source and timing of loans to Longton. Requests for further particulars regarding the informal arrangement with Azure Gold Ltd are refused, as Robert's case is clear that no formal contract existed and further explanation should be provided by witness statement. Robert must swear a compliant affidavit of discovery listing all relevant documents and identifying those no longer in his possession, as his previous affidavit was defective and supplemental discovery was produced without...

Court Disposition

Partially allowed and partially refused

Orders

  • Robert to provide, within 7 days, further and better particulars by way of a schedule recording payments as set out in pages 12, 22, and 24 of the October Schedule.
  • Robert to swear an affidavit of discovery in compliance with Royal Court practice direction RC05/04, listing all relevant documents and identifying those no longer in his possession.