Friend Media Technology Systems Ltd & Anor v Friend & Anor [2025] EWHC 2506 (KB) (01 October 2025)

Friend Media Technology Systems Ltd & Anor v Friend & Anor [2025] EWHC 2506 (KB) (01 October 2025)

The court held that the documents sought were either not within the Claimants' control, not of such relevance as to be necessary for the fair disposal of the proceedings, or that disclosure would not be reasonable or proportionate given the extensive disclosure already undertaken, the nature of the issues for trial, and the logistical and privacy concerns. Accordingly, both the specific and non-party disclosure applications were dismissed.

Citation
[2025] EWHC 2506 (KB)
Parties
Claimant/respondent: Friend Media Technology Systems Limited; Claimant/respondent: Friend MTS Limited; Defendant/applicant: Jonathan Norman Friend; Defendant/applicant: Friend TP Limited; NEC Respondent: Andrew Skinner; NEC Respondent: Keven Parker; NEC Respondent: Michael Joseph; NEC Respondent: NorthEdge Capital LLP
Jurisdiction
England and Wales
Judgment Date
01 October 2025
Procedural Posture
Interim Application in Ongoing High Court Proceedings / Application for Specific and Non Party Disclosure Prior to Expedited Trial on Liability and Injunctive Relief
Outcome
Applications dismissed
Legal Topics
Disclosure, Specific Disclosure, Non Party Disclosure, Control of Documents, Fiduciary Duties, Injunctive Relief
Civil Procedure Company Law Disclosure Specific Disclosure Non Party Disclosure Control of Documents Fiduciary Duties Injunctive Relief

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Parties

Friend Media Technology Systems Limited

Claimant/respondent

Friend MTS Limited

Claimant/respondent

Jonathan Norman Friend

Defendant/applicant

Friend TP Limited

Defendant/applicant

Andrew Skinner

NEC Respondent

Keven Parker

NEC Respondent

Michael Joseph

NEC Respondent

NorthEdge Capital LLP

NEC Respondent

Procedural Posture

Interim Application in Ongoing High Court Proceedings / Application for Specific and Non Party Disclosure Prior to Expedited Trial on Liability and Injunctive Relief

Legal Issues

  1. 1 Whether the Claimants are required to provide specific disclosure of documents held by NEC-nominated directors (NEC Custodians)
  2. 2 Whether the court should order non-party disclosure against NEC Respondents under CPR 31.17
  3. 3 Whether the documents sought are in the Claimants' control

Ratio Decidendi

The court held that the documents sought were either not within the Claimants' control, not of such relevance as to be necessary for the fair disposal of the proceedings, or that disclosure would not be reasonable or proportionate given the extensive disclosure already undertaken, the nature of the issues for trial, and the logistical and privacy concerns. Accordingly, both the specific and non-party disclosure applications were dismissed.

Court Disposition

Applications dismissed

Orders

  • The Defendants' application for specific disclosure is dismissed.
  • The Defendants' application for non-party disclosure is dismissed.