Edward Scriven v Lee Scriven & Others

Edward Scriven v Lee Scriven & Others

The fourth defendant's disclosure was inadequate and not properly managed by its solicitors, justifying orders for specific disclosure and confirmatory statements for most live items. However, some requests were denied on grounds of proportionality, cost, and prior compliance. The claimant was substantially the winner and entitled to two-thirds of the costs, to be assessed and paid by the fourth defendant.

Parties
Claimant: Edward Scriven; Defendants: Lee Scriven & Others; Fourth Defendant: Evans Mockler Ltd
Jurisdiction
England and Wales
Judgment Date
09 December 2013
Procedural Posture
Civil / Application for Specific Disclosure Prior to Trial
Outcome
Application for specific disclosure allowed in part; costs awarded in part to claimant
Legal Topics
Disclosure, Costs, Case Management
Civil Procedure Disclosure Costs Case Management

Case Brief

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Parties

Edward Scriven

Claimant

Lee Scriven & Others

Defendants

Evans Mockler Ltd

Fourth Defendant

Procedural Posture

Civil / Application for Specific Disclosure Prior to Trial

Legal Issues

  1. 1 Whether the fourth defendant has complied with its disclosure obligations under CPR 31
  2. 2 Whether specific disclosure should be ordered against the fourth defendant
  3. 3 Who should bear the costs of the application

Ratio Decidendi

The fourth defendant's disclosure was inadequate and not properly managed by its solicitors, justifying orders for specific disclosure and confirmatory statements for most live items. However, some requests were denied on grounds of proportionality, cost, and prior compliance. The claimant was substantially the winner and entitled to two-thirds of the costs, to be assessed and paid by the fourth defendant.

Court Disposition

Application for specific disclosure allowed in part; costs awarded in part to claimant

Orders

  • Specific disclosure and/or confirmatory disclosure statements ordered for most live items in the claimant's schedule, as detailed in the judgment.
  • Disclosure statement to be provided by the solicitor for the fourth defendant by 23rd December 2013.