Eurasian Natural Resources Corporation Limited v Dechert LLP & Ors

Eurasian Natural Resources Corporation Limited v Dechert LLP & Ors

ENRC's use of connectors in keyword searches was generally reasonable and proportionate, with exceptions for 'Protector Services', 'PSG', 'Shawn McCormick', and 'falsify/falsification/forge' where searches should be run without connectors; no systematic error in privilege redactions was established; PD 51U paragraph 16.2 does not require further particularisation of redactions in this case, and such an order would not be reasonable or proportionate.

Parties
Claimant: Eurasian Natural Resources Corporation Limited; First Defendant: Dechert LLP; Second Defendant: Mr. David Neil Gerrard; Third Party: The Director of the Serious Fraud Office
Jurisdiction
England and Wales
Judgment Date
30 March 2020
Procedural Posture
Commercial Court Civil Claim / Ruling on Application for Specific Disclosure
Outcome
Application for further disclosure largely dismissed; limited orders granted for specific search terms without connectors.
Legal Topics
Disclosure, Privilege, Case Management, Legal Professional Privilege, Negligence, Breach of Fiduciary Duty, Breach of Contract
Civil Procedure Professional Negligence Contract Law Disclosure Privilege Case Management Legal Professional Privilege Negligence +2 more

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Parties

Eurasian Natural Resources Corporation Limited

Claimant

Dechert LLP

First Defendant

Mr. David Neil Gerrard

Second Defendant

The Director of the Serious Fraud Office

Third Party

Procedural Posture

Commercial Court Civil Claim / Ruling on Application for Specific Disclosure

Legal Issues

  1. 1 Adequacy of search terms in disclosure
  2. 2 Appropriateness of connectors in keyword searches
  3. 3 Compliance with disclosure orders under PD 51U

Ratio Decidendi

ENRC's use of connectors in keyword searches was generally reasonable and proportionate, with exceptions for 'Protector Services', 'PSG', 'Shawn McCormick', and 'falsify/falsification/forge' where searches should be run without connectors; no systematic error in privilege redactions was established; PD 51U paragraph 16.2 does not require further particularisation of redactions in this case, and such an order would not be reasonable or proportionate.

Court Disposition

Application for further disclosure largely dismissed; limited orders granted for specific search terms without connectors.

Orders

  • ENRC to apply search terms 'Protector Services', 'PSG', 'Shawn McCormick', and 'falsify/falsification/forge' without Board Terms connectors, excluding documents sent to or from Tess Forge.
  • ENRC to search 'Hollingsworth' for the relevant period as agreed.