Fiesta Hotels and Resorts SL & Ors v Deutsche Bank AG & Anor [2024] EWHC 1422 (Comm) (07 June 2024)

Fiesta Hotels and Resorts SL & Ors v Deutsche Bank AG & Anor [2024] EWHC 1422 (Comm) (07 June 2024)

There was no arrangement or understanding giving the claimants practical control over the Saranac Recordings; Saranac's cooperation was voluntary and expressly limited. The class of documents sought for third party disclosure included irrelevant material and did not meet the threshold under CPR 31.17. Both applications were refused.

Citation
[2024] EWHC 1422 (Comm)
Parties
Claimant/first Respondent: Fiesta Hotels and Resorts SL; Claimant/first Respondent: Residencial Marina SL; Claimant/first Respondent: Residencial Es Vive SA; Claimant/first Respondent: Dominican Entertainment (Luxembourg) SARL; Second Respondent: Saranac Partners Limited; Defendant/applicant: Deutsche Bank AG; Defendant/applicant: Deutsche Bank AG, London Branch
Jurisdiction
England and Wales
Judgment Date
07 June 2024
Procedural Posture
Commercial Court Application for Disclosure / Interlocutory Application for Further and Third Party Disclosure
Outcome
Applications for further disclosure and third party disclosure refused.
Legal Topics
Disclosure, Third Party Disclosure, Control of Documents, Reasonableness and Proportionality, CPR 31.17, Practice Direction 57 AD
Civil Procedure Commercial Law Disclosure Third Party Disclosure Control of Documents Reasonableness and Proportionality CPR 31.17 Practice Direction 57 AD

Case Brief

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Parties

Fiesta Hotels and Resorts SL

Claimant/first Respondent

Residencial Marina SL

Claimant/first Respondent

Residencial Es Vive SA

Claimant/first Respondent

Dominican Entertainment (Luxembourg) SARL

Claimant/first Respondent

Saranac Partners Limited

Second Respondent

Deutsche Bank AG

Defendant/applicant

Deutsche Bank AG, London Branch

Defendant/applicant

Procedural Posture

Commercial Court Application for Disclosure / Interlocutory Application for Further and Third Party Disclosure

Legal Issues

  1. 1 Whether claimants have practical control over Saranac Recordings for purposes of disclosure under PD 57AD
  2. 2 Whether third party disclosure against Saranac Partners Limited should be ordered under CPR 31.17

Ratio Decidendi

There was no arrangement or understanding giving the claimants practical control over the Saranac Recordings; Saranac's cooperation was voluntary and expressly limited. The class of documents sought for third party disclosure included irrelevant material and did not meet the threshold under CPR 31.17. Both applications were refused.

Court Disposition

Applications for further disclosure and third party disclosure refused.

Orders

  • Application for further disclosure against claimants refused.
  • Application for third party disclosure against Saranac Partners Limited refused.