Discovery And Applications For A Creditors' Winding Up - Developments In Jersey Law

1. Montague Goldsmith AG v Goswick Holdings Limited and Ors [2024] JRC 170

What happened?

This was an interlocutory hearing which, among other things, concerned: (i) specific disclosure requests; (ii) repetition of certain searches on the basis that the searches carried out were insufficient; (iii) the requirement to file a discovery protocol; and (iv) various declaratory orders in the context of discovery. The underlying dispute related to a real estate profit share arrangement. Procedurally, a key feature of the litigation was the parties' failure to agree a discovery protocol.

The decision

For the most part, the relief sought by both sides was dismissed. Instead, the Royal Court focused on specific discovery. The judgment provides interesting commentary on third party discovery orders and, in particular, proportionality considerations relevant to the making of such orders.