Tosi Ltd v 99 Hippos Ltd and Fairclough (specific disclosure) (Rev1) [2022] EWHC 878 (Ch) (13 April 2022)

Disclosure of second respondent's personal bank statements is not necessary, reasonable, or proportionate for mediation at this stage, as relevant financial information can be obtained from company bank statements. Application dismissed.

Citation: [2022] EWHC 878 (Ch)
Parties: Petitioner: Tosi Limited; First Respondent: 99 Hippos Limited; Second Respondent: Emma Louise Fairclough
Jurisdiction: England and Wales
Judgment Date: 13 April 2022
Procedural Posture: Unfair Prejudice Petition Under Companies Act 2006 S.994 / Application for Disclosure of Personal Bank Statements for Mediation
Outcome: Application dismissed
Legal Topics: Disclosure, Unfair Prejudice, ADR, Directors' Duties

Company Law Civil Procedure Disclosure Unfair Prejudice ADR Directors' Duties

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Parties

Tosi Limited

Petitioner

99 Hippos Limited

First Respondent

Emma Louise Fairclough

Second Respondent

Procedural Posture

Unfair Prejudice Petition Under Companies Act 2006 S.994 / Application for Disclosure of Personal Bank Statements for Mediation

Legal Issues

1 Whether disclosure of second respondent's personal bank statements is necessary, reasonable, and proportionate for mediation
2 Whether redaction of personal bank statements should be permitted

Ratio Decidendi

Court Disposition

Application dismissed

Orders

Application for disclosure of second respondent's personal bank statements refused
Petitioner invited to make submissions on costs by 14 April 2022