WXY v Gewanter & Ors [2012] EWHC 1071 (QB) (27 April 2012)

WXY v Gewanter & Ors [2012] EWHC 1071 (QB) (27 April 2012)

The balance of prejudice favoured extending time for payment of the outstanding costs orders until after trial, given the defendants' financial circumstances and lack of prejudice to the claimant. Most disputed emails were not privileged and should be disclosed, except for those genuinely covered by legal advice or litigation privilege. The claimant's application for specific disclosure was justified and successful.

Citation
[2012] EWHC 1071 (QB)
Parties
Claimant: WXY; First Defendant: Henry Gewanter; Second Defendant: Public Profile Limited; Third Defendant: Mark Burby
Jurisdiction
England and Wales
Judgment Date
27 April 2012
Procedural Posture
Civil / Interlocutory Appeal and Application for Specific Disclosure
Outcome
Appeal allowed in part; time for payment of costs orders extended until after trial. Claimant's application for specific disclosure granted in part.
Legal Topics
Costs Orders, Specific Disclosure, Privilege (legal Professional/litigation/common Interest), Misuse of Private Information, Breach of Confidence, Harassment, Injunctions, Open Justice and Reporting Restrictions
Civil Procedure Privacy Law Media Law Costs Orders Specific Disclosure Privilege (legal Professional/litigation/common Interest) Misuse of Private Information Breach of Confidence +3 more

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Parties

WXY

Claimant

Henry Gewanter

First Defendant

Public Profile Limited

Second Defendant

Mark Burby

Third Defendant

Procedural Posture

Civil / Interlocutory Appeal and Application for Specific Disclosure

Legal Issues

  1. 1 Whether the Master's costs orders should be set aside or varied, particularly as to timing of payment
  2. 2 Whether certain communications between defendants are protected by privilege (common interest, legal advice, litigation privilege)
  3. 3 Whether the claimant is entitled to specific disclosure of disputed documents/emails

Ratio Decidendi

The balance of prejudice favoured extending time for payment of the outstanding costs orders until after trial, given the defendants' financial circumstances and lack of prejudice to the claimant. Most disputed emails were not privileged and should be disclosed, except for those genuinely covered by legal advice or litigation privilege. The claimant's application for specific disclosure was justified and successful.

Court Disposition

Appeal allowed in part; time for payment of costs orders extended until after trial. Claimant's application for specific disclosure granted in part.

Orders

  • Time for payment of outstanding costs orders extended until after conclusion of trial.
  • Claimant to have her costs of the specific disclosure application, summarily assessed at £12,000, payable at conclusion of trial.