The Public Institution for Social Security v Al-Wazzan & Ors [2024] EWHC 480 (Comm) (05 March 2024)

The Public Institution for Social Security v Al-Wazzan & Ors [2024] EWHC 480 (Comm) (05 March 2024)

PIFSS does not have practical control over the documents held by the identified third parties (governmental or non-governmental) for the purposes of disclosure under Practice Direction 57AD. There is no arrangement or understanding giving PIFSS access to those documents beyond specific, ad hoc disclosures. The court has no jurisdiction to order PIFSS to request documents from third parties not under its control. The applications for further disclosure against PIFSS are refused, except for limited directions regarding specific custodians and searches as set out in the judgment.

Citation
[2024] EWHC 480 (Comm)
Parties
Claimant: The Public Institution for Social Security; Defendants: Muna Al-Rajaan Al-Wazzan (as representative of the estate of Mr Fahad Maziad Rajaan Al Rajaan (deceased)) & Others
Jurisdiction
England and Wales
Judgment Date
05 March 2024
Procedural Posture
Commercial Court Proceedings (disclosure Issues) / Interlocutory Application (case Management Conference 6)
Outcome
Applications for further disclosure against PIFSS refused, except for limited directions; applications by PIFSS against Man and Pensée for further searches refused.
Legal Topics
Disclosure, Extended Disclosure, Control of Documents, Practice Direction 57 AD, Third Party Documents
Civil Procedure Commercial Law Disclosure Extended Disclosure Control of Documents Practice Direction 57 AD Third Party Documents

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Parties

The Public Institution for Social Security

Claimant

Muna Al-Rajaan Al-Wazzan (as representative of the estate of Mr Fahad Maziad Rajaan Al Rajaan (deceased)) & Others

Defendants

Procedural Posture

Commercial Court Proceedings (disclosure Issues) / Interlocutory Application (case Management Conference 6)

Legal Issues

  1. 1 Whether PIFSS has practical control over documents held by third parties (governmental and non-governmental) for disclosure purposes under Practice Direction 57AD
  2. 2 Whether further disclosure or searches should be ordered against PIFSS and certain defendants
  3. 3 Whether the court can order a party to request documents from third parties not under its control

Ratio Decidendi

PIFSS does not have practical control over the documents held by the identified third parties (governmental or non-governmental) for the purposes of disclosure under Practice Direction 57AD. There is no arrangement or understanding giving PIFSS access to those documents beyond specific, ad hoc disclosures. The court has no jurisdiction to order PIFSS to request documents from third parties not under its control. The applications for further disclosure against PIFSS are refused, except for limited directions regarding specific custodians and searches as set out in the judgment.

Court Disposition

Applications for further disclosure against PIFSS refused, except for limited directions; applications by PIFSS against Man and Pensée for further searches refused.

Orders

  • No order for PIFSS to disclose documents held by third parties (governmental or non-governmental)
  • No order for PIFSS to request documents from third parties