First Rate FX Ltd v Trading By Telephone Ltd & Ors [2014] EWHC 1838 (QB) (16 April 2014)

First Rate FX Ltd v Trading By Telephone Ltd & Ors [2014] EWHC 1838 (QB) (16 April 2014)

First defendant failed to comply with unless order for disclosure, including deliberate omission and inadequate inspection of key documents; defence stands struck out. Individual defendants' disclosure lists not obviously deficient, so their defences not struck out. Second defendant required to disclose turnover/profit documents and documents similar to email of 6 February 2014, as relevant to pleaded issues.

Citation
[2014] EWHC 1838
Parties
Claimant/respondent: First Rate FX Ltd; First Defendant/applicant: Trading By Telephone Ltd; Second Defendant/applicant: Opt FX Ltd; Third Defendant/applicant: Mr Daniel Crisp; Fourth Defendant/applicant: Mr Scott Gunn; Fifth Defendant/applicant: Mr Oliver Davis-Gardner; Sixth Defendant/applicant: Mr Bobby Ward; Seventh Defendant/applicant: Mr Billy Martin; Eighth Defendant/applicant: Mr Cameron Perry Peter Hassan; Ninth Defendant/applicant: Mr Louis Lavers
Jurisdiction
England and Wales
Judgment Date
16 April 2014
Procedural Posture
Commercial Litigation / Interlocutory Application Regarding Disclosure and Compliance With Unless Orders
Outcome
Defence of first defendant struck out; individual defendants' defences not struck out; proceedings against sixth defendant (Mr Ward) stayed; orders for specific disclosure against second defendant and certain individuals; extension of time for witness statements and schedule of loss; trial window varied.
Legal Topics
Disclosure, Unless Orders, Restrictive Covenants, Strike Out, Specific Disclosure
Civil Procedure Employment Law Commercial Law Disclosure Unless Orders Restrictive Covenants Strike Out Specific Disclosure

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Parties

First Rate FX Ltd

Claimant/respondent

Trading By Telephone Ltd

First Defendant/applicant

Opt FX Ltd

Second Defendant/applicant

Mr Daniel Crisp

Third Defendant/applicant

Mr Scott Gunn

Fourth Defendant/applicant

Mr Oliver Davis-Gardner

Fifth Defendant/applicant

Mr Bobby Ward

Sixth Defendant/applicant

Mr Billy Martin

Seventh Defendant/applicant

Mr Cameron Perry Peter Hassan

Eighth Defendant/applicant

Mr Louis Lavers

Ninth Defendant/applicant

Procedural Posture

Commercial Litigation / Interlocutory Application Regarding Disclosure and Compliance With Unless Orders

Legal Issues

  1. 1 Whether defendants complied with disclosure obligations under unless orders
  2. 2 Adequacy of disclosure lists
  3. 3 Whether defences should be struck out for non-compliance

Ratio Decidendi

First defendant failed to comply with unless order for disclosure, including deliberate omission and inadequate inspection of key documents; defence stands struck out. Individual defendants' disclosure lists not obviously deficient, so their defences not struck out. Second defendant required to disclose turnover/profit documents and documents similar to email of 6 February 2014, as relevant to pleaded issues.

Court Disposition

Defence of first defendant struck out; individual defendants' defences not struck out; proceedings against sixth defendant (Mr Ward) stayed; orders for specific disclosure against second defendant and certain individuals; extension of time for witness statements and schedule of loss; trial window varied.

Orders

  • Defence of Trading By Telephone Ltd struck out for non-compliance with unless order.
  • Second defendant (Opt FX Ltd) to disclose turnover and profit documents and documents similar to email of 6 February 2014 by 4pm 17 April 2014.