SFL Ace 2 Company Inc. v DCW Management Limited & Ors
[2024] EWHC 3074 (Comm)
Frasers Group PLC v Saxo Bank A/S & Anor
1 December 2023
[2023] EWHC 3105 (Comm)
High Court
A company tried to get more documents from the other side in a lawsuit, but the judge said no. The judge thought the request was too broad, too late, and too expensive compared to what the company might learn. The requesting company had to pay the other side's legal fees, about £120,000.
Key Facts
- •Disclosure application by Frasers Group PLC against Saxo Bank A/S and Morgan Stanley & Co International.
- •Application concerned further disclosure of documents and audio files.
- •Application related to searches for specific references in audio calls and communications between defendants.
- •Application made close to trial, after primary disclosure and a prior application for further disclosure.
- •The court considered the proportionality and necessity of the requested further disclosure.
Legal Principles
Paragraph 18 of the practice direction requires the applicant to satisfy the court that further disclosure beyond what has already been provided is necessary.
Practice Direction
Disclosure must be reasonable and proportionate for the purposes of trial.
Implicit in the judge's reasoning
Outcomes
The application for further disclosure was denied.
The court found the application speculative, akin to a 'fishing expedition', and disproportionate given the extensive disclosure already provided and the proximity to trial. The court also found that the potential benefit of further disclosure did not outweigh the costs and time involved.
The defendant's costs were summarily assessed at £120,000.
The court considered the time and effort spent on the application, the level of counsel's fees, and the respondent's burden in responding to the application. A 50% uplift was applied to the initial cost estimate.
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