Lonestar Communications Corporation LLC v Kaye & Ors

Lonestar Communications Corporation LLC v Kaye & Ors

Issue 5(a) is excluded from the Issues for Disclosure because it is not a pleaded issue and goes beyond the scope of the parties' statements of case. Disclosure must be limited to key issues in dispute as crystallised in the pleadings. Model C requests are permitted only where they are narrowly focused, reasonable, and proportionate, and relate directly to the pleaded issues. Several of Lonestar's and the defendants' disclosure requests are allowed with modifications to ensure compliance with these principles; others are refused as too broad or irrelevant.

Parties
Claimant: Lonestar Communications Corporation LLC; First Defendant: Daniel Kaye; Second Defendant: Avishai Marziano; Third Defendant: Cellcom Telecommunications Limited; Fourth Defendant: Ran Polani; Fifth Defendant: Orange Liberia, Inc.
Jurisdiction
England and Wales
Judgment Date
15 July 2020
Procedural Posture
Commercial / Case Management Conference—disclosure Directions
Outcome
Application for inclusion of Issue 5(a) as an Issue for Disclosure refused; directions for disclosure given as per judgment.
Legal Topics
Disclosure, Vicarious Liability, Attribution of Knowledge, Exemplary Damages, Cyber Attacks, Conspiracy, Unlawful Interference
Civil Procedure Commercial Law Disclosure Vicarious Liability Attribution of Knowledge Exemplary Damages Cyber Attacks Conspiracy +1 more

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Parties

Lonestar Communications Corporation LLC

Claimant

Daniel Kaye

First Defendant

Avishai Marziano

Second Defendant

Cellcom Telecommunications Limited

Third Defendant

Ran Polani

Fourth Defendant

Orange Liberia, Inc.

Fifth Defendant

Procedural Posture

Commercial / Case Management Conference—disclosure Directions

Legal Issues

  1. 1 Whether Issue 5(a) should be included as an Issue for Disclosure under CPR PD 51U
  2. 2 Scope and appropriateness of Model C Extended Disclosure requests
  3. 3 Attribution of knowledge and vicarious liability of Cellcom and Orange Liberia for acts of Marziano and Polani

Ratio Decidendi

Issue 5(a) is excluded from the Issues for Disclosure because it is not a pleaded issue and goes beyond the scope of the parties' statements of case. Disclosure must be limited to key issues in dispute as crystallised in the pleadings. Model C requests are permitted only where they are narrowly focused, reasonable, and proportionate, and relate directly to the pleaded issues. Several of Lonestar's and the defendants' disclosure requests are allowed with modifications to ensure compliance with these principles; others are refused as too broad or irrelevant.

Court Disposition

Application for inclusion of Issue 5(a) as an Issue for Disclosure refused; directions for disclosure given as per judgment.

Orders

  • Issue 5(a) removed from Issues for Disclosure.
  • Lonestar's Model C requests 1(b), 2, 3, 7, 11, 12, 13, 15, 38 (as modified), 41 (as modified), 45 (as modified), 47(a), 49 (as modified), 55 (as modified) permitted.