HRH The Duke of Sussex v News Group Newspapers Limited
[2024] EWHC 1730 (Ch)
Powers of the court to make further orders for disclosure following inadequate compliance or to vary existing orders.
Practice Direction 57AD, paragraphs 17 and 18
Reasonableness and proportionality of disclosure orders, considering factors such as complexity of issues, importance of the case, likelihood of probative documents, number of documents, ease and expense of searches, financial position of parties, and need for expedition.
Practice Direction 57AD, paragraph 6.4
Necessity of disclosure for the just disposal of the proceedings (for varying an order).
Astra Asset Management UK Ltd. v Musst Investments LLP [2020] EWHC 1871 (Ch)
Importance of disclosure, especially in cases with serious allegations of misconduct, while avoiding a 'no stone unturned' approach.
Ventra Investments v Bank of Scotland [2019] EWHC 2058b (Comm)
General rule against a company asserting privilege against its shareholders, with an exception for hostile litigation.
Sharp v Blank and others [2015] EWHC 2681 (Ch); Re Hydrosan Ltd [1991] BCC 19; CAS Nominees Ltd v Nottingham Forest FC Plc [2001] 1 All ER 954; Arrow Trading and Investments Est 1920 and another v Edwardian Group Ltd [2004] EWHC 1319 (Ch)
Granted Petitioner's application for further disclosure on various issues, including expanding the date range and adding search terms.
The substantial amendments to the pleadings justified the need for additional disclosure to cover the expanded timeframe and newly implicated individuals. The court considered the disclosure reasonable and proportionate, necessary for a just disposal of the case, and not a 'fishing expedition'.
Ordered Mr. Costa to provide details regarding access to an email account for potential further disclosure.
The court found insufficient evidence that the account was inaccessible or irrelevant to the proceedings, considering the timeframe and potential communication.
Refused Respondent's application for two new issues of disclosure.
New Issue 1 was deemed duplicative of existing disclosure orders; New Issue 2's requested date range was not supported by the pleadings, although the court granted a more focused order to address concerns about a lack of documentation regarding Mr. Loy's control of Saxon Woods.
Rejected the Company's assertion of privilege against disclosure.
The court found that the letters relied upon by the Company did not demonstrate a threat of hostile litigation against the Company. The threatened actions were seen as primarily against directors and other shareholders, making the Company a nominal defendant.
[2024] EWHC 1730 (Ch)
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[2024] EWHC 574 (Comm)
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