Stonegate Farmers Limited & Ors v Michael Richard John Kent & Ors
[2024] EWHC 3051 (Ch)
NMC Health PLC v Ernst & Young LLP
1 November 2024
[2024] EWHC 2792 (Comm)
High Court
Two companies are fighting over documents. The judge said they should both work together to get one set of documents, and they should split the cost of getting another set of documents, as either could have gotten them themselves.
Key Facts
- •Disclosure of the Bin Butti Settlement Agreement is sought, with confidentiality being the only issue.
- •Disclosure of LCIA documents in arbitration proceedings between 'Limited' and certain respondents is contested.
- •Eversheds, representing the LCIA respondents, requires costs of review (~$70,000) be covered by a party to the proceedings.
- •Debate on whether Claimant or Defendant should bear the costs of LCIA document disclosure.
- •Prior discussion of LCIA document disclosure at a CMC before Bright J in April.
- •Claimant's alleged inefficiency in pursuing disclosure after the CMC.
Legal Principles
Court's inherent jurisdiction (now CPR 3.1(m)) allows for cost allocation in third-party disclosure.
CPR 3.1(m)
In third-party disclosure applications, the party seeking disclosure may bear the costs.
Implicit in discussion of third-party disclosure applications.
Outcomes
Joint approach to the UAE Bankruptcy Court for disclosure of the Bin Butti Settlement Agreement.
Overcoming confidentiality restrictions.
Costs of LCIA document review split equally between Claimant and Defendant.
Either party could have initiated the third-party disclosure application; fairness dictates cost-sharing.
Costs of this aspect of the application are costs in the case.
Standard cost allocation.
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