Lonestar Communications Corporation LLC v Kaye & Ors [2020] EWHC 1890 (Comm) (15 July 2020)

Lonestar Communications Corporation LLC v Kaye & Ors [2020] EWHC 1890 (Comm) (15 July 2020)

Issue 5(a) should be removed from the Issues for Disclosure because it seeks disclosure regarding knowledge of individuals other than Mr Marziano and Mr Polani, which is not pleaded in the statements of case. The scope of disclosure must be limited to the pleaded issues, and the knowledge of Mr Marziano and Mr Polani is already addressed in other Issues for Disclosure. Disclosure requests must be reasonable, proportionate, and focused on the pleaded disputes.

Citation
[2020] EWHC 1890 (Comm)
Parties
Claimant: Lonestar Communications Corporation LLC; First Defendant: Daniel Kaye; Second Defendant: Avishai Marziano; Third Defendant: Cellcom Telecommunications Limited; Fourth Defendant: Ran Polani; Fifth Defendant: Orange Liberia, Inc.
Jurisdiction
England and Wales
Judgment Date
15 July 2020
Procedural Posture
Commercial Court Proceedings (qbd) / Case Management Conference and Disclosure Directions
Outcome
Issue 5(a) removed from Issues for Disclosure; directions given for Model C Extended Disclosure with further limitations as appropriate.
Legal Topics
Disclosure, Vicarious Liability, Attribution of Knowledge, Exemplary Damages, Conspiracy, Unlawful Interference, Cyber Attacks
Civil Procedure Commercial Law Tort Law Disclosure Vicarious Liability Attribution of Knowledge Exemplary Damages Conspiracy +2 more

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Parties

Lonestar Communications Corporation LLC

Claimant

Daniel Kaye

First Defendant

Avishai Marziano

Second Defendant

Cellcom Telecommunications Limited

Third Defendant

Ran Polani

Fourth Defendant

Orange Liberia, Inc.

Fifth Defendant

Procedural Posture

Commercial Court Proceedings (qbd) / Case Management Conference and Disclosure Directions

Legal Issues

  1. 1 Whether Issue 5(a) regarding Cellcom and Orange Liberia's knowledge of the DDOS attacks should be included as an Issue for Disclosure
  2. 2 Scope and appropriateness of Model C Extended Disclosure requests
  3. 3 Attribution of knowledge and vicarious liability for alleged tortious conduct

Ratio Decidendi

Issue 5(a) should be removed from the Issues for Disclosure because it seeks disclosure regarding knowledge of individuals other than Mr Marziano and Mr Polani, which is not pleaded in the statements of case. The scope of disclosure must be limited to the pleaded issues, and the knowledge of Mr Marziano and Mr Polani is already addressed in other Issues for Disclosure. Disclosure requests must be reasonable, proportionate, and focused on the pleaded disputes.

Court Disposition

Issue 5(a) removed from Issues for Disclosure; directions given for Model C Extended Disclosure with further limitations as appropriate.

Orders

  • Issue 5(a) is not to be included as an Issue for Disclosure.
  • Model C Extended Disclosure to proceed on agreed Issues for Disclosure, with further limitation and identification of custodians as required.