Frasers Group PLC v Saxo Bank A/S & Anor
[2023] EWHC 3105 (Comm)
Alta Trading UK Ltd (formerly known as Arcadia Petroleum Ltd) & Ors v Peter Miles Bosworth & Ors
12 March 2024
[2024] EWHC 574 (Comm)
High Court
Two companies were fighting over documents. One company said the other hadn't given them all the important documents. The judge looked at how the documents were searched for and decided that enough had been done. The judge also considered that the company asking for more documents had already agreed the first search was fine. So the judge said no more documents needed to be shared.
Key Facts
- •Application and cross-application for further disclosure regarding payments to Sonergy and service providers.
- •First and second defendants' disclosure process involved review of approximately 6,000 documents not previously reviewed, with a third undergoing manual review.
- •Claimants argued for further disclosure based on the use of TAR (Technology Assisted Review) and the identification of additional potentially relevant documents.
- •Previous application for further disclosure was withdrawn by the claimants in September.
- •The court considered whether the defendants' original disclosure was sufficient and whether a material change in circumstances justified further disclosure.
Legal Principles
The court must determine whether further disclosure is necessary for the just disposal of the proceedings.
CPR
A party's withdrawal of a previous application can be considered evidence of satisfaction with the existing disclosure.
Case law (implied)
Outcomes
The court refused the application for further disclosure.
The court found that the defendants had undertaken a thorough review process, including manual review of a significant portion of the documents. The court considered that the claimants' previous withdrawal of a similar application indicated satisfaction with the initial disclosure. The court also found that the identification of additional potentially relevant documents through different search terms did not constitute a material change in circumstances.
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