Voisin Executors Ltd -v- Kelleher [2016] JRC 198 (31 October 2016)

Voisin Executors Ltd -v- Kelleher [2016] JRC 198 (31 October 2016)

The extension of time for discovery was granted because the defendant had demonstrated ongoing efforts to comply with discovery obligations, but a final order was made (except for one area) to ensure compliance and avoid further delay. The parties were ordered to disclose search terms and meet to discuss inspection...

Source-derived case information.

Citation
[2016] JRC 198
Parties
Plaintiff: Voisin Executors Limited; Defendant: Kelleher
Jurisdiction
Jersey
Judgment Date
31 October 2016
Procedural Posture
Civil / Interlocutory Application for Extension of Time for Discovery
Outcome
Extension of time for discovery granted with final order (except for one area); specific costs orders made.
Legal Topics
Discovery, Extension of Time, Electronic Discovery, Costs
Civil Procedure Discovery Extension of Time Electronic Discovery Costs

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Parties

Voisin Executors Limited

Plaintiff

Kelleher

Defendant

Procedural Posture

Civil / Interlocutory Application for Extension of Time for Discovery

Legal Issues

  1. 1 Whether the defendant should be granted an extension of time to comply with discovery obligations
  2. 2 Whether parties complied with obligations to communicate regarding electronic discovery processes
  3. 3 Appropriate costs orders for the application

Ratio Decidendi

The extension of time for discovery was granted because the defendant had demonstrated ongoing efforts to comply with discovery obligations, but a final order was made (except for one area) to ensure compliance and avoid further delay. The parties were ordered to disclose search terms and meet to discuss inspection to prevent future disputes.

Court Disposition

Extension of time for discovery granted with final order (except for one area); specific costs orders made.

Orders

  • Both parties to disclose to the other the details of any electronic searches carried out and the search terms used.
  • Parties to meet to discuss issues of inspection and any issues arising out of the search terms disclosed.