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ARTICLE · 09 JANUARY 2023

Strike Out: The Ultimate Sanction For Deficient Discovery

Baker & Partners LLP
Baker & Partners LLP
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Baker & Partners LLP

Baker & Partners LLP

The Cayman Islands office was opened in late 2020 with Robert Jones as the sole attorney. The...

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The Royal Court has, in recent decisions on appeal from the Master, affirmed the central importance of compliance with discovery obligations.

JerseyLitigation, Mediation & Arbitration
  1. The Royal Court has, in recent decisions on appeal from the Master, affirmed the central importance of compliance with discovery obligations. Failure to give proper discovery can lead to a case being struck out without trial.
  2. In two 2021 decisions, Huda v Minister for Health and Social Services [2021] JRC 196 and Sheyko v Consolidated Minerals Limited [2021] JRC 267, the result of appeals to the Royal Court was that one party's case was struck out for serious discovery failings. In a third, Hard Rock Limited v HRCKY Limited [2022] JRC 172, the Royal Court upheld the Master's decision not to strike out.
  3. Baker & Partners acted for Mr Sheyko, the plaintiff in the second of those two cases. In that case the Master's decision in 2020 to strike out the defence case was upheld by the Royal Court on appeal in 2021. The Court of Appeal refused leave to appeal that decision. An application to the Privy Council for permission to challenge the strike out decision by way of

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