Mclaren Indy LLC & Anor v Alpa Racing USA LLC & Ors

Mclaren Indy LLC & Anor v Alpa Racing USA LLC & Ors

The Court lacks jurisdiction under Practice Direction 57AD paragraph 21.4 or CPR 3.1(2)(p) to require Defendants to request third party witness Mr Hull to produce sponsorship contracts, as Defendants do not have control over the documents; the proper route for third party disclosure is CPR 31.17.

Parties
Claimant: MCLAREN INDY LLC and another; Defendants: ALPA RACING USA LLC & Ors
Jurisdiction
England and Wales
Judgment Date
17 July 2025
Procedural Posture
Commercial Court / Pre Trial Review; Ruling on Disclosure Application
Outcome
Disclosure application refused; Court lacks jurisdiction to grant requested order.
Legal Topics
Disclosure, Jurisdiction, Third Party Documents, Practice Direction 57 AD, CPR 31.17
Civil Procedure Commercial Law Disclosure Jurisdiction Third Party Documents Practice Direction 57 AD CPR 31.17

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Parties

MCLAREN INDY LLC and another

Claimant

ALPA RACING USA LLC & Ors

Defendants

Procedural Posture

Commercial Court / Pre Trial Review; Ruling on Disclosure Application

Legal Issues

  1. 1 Whether the Court has jurisdiction to order Defendants to request third party witness to produce sponsorship contracts under Practice Direction 57AD paragraph 21.4 or CPR 3.1(2)(p)
  2. 2 Whether Mr Hull's witness statement constitutes sufficient mention of the contracts for disclosure purposes

Ratio Decidendi

The Court lacks jurisdiction under Practice Direction 57AD paragraph 21.4 or CPR 3.1(2)(p) to require Defendants to request third party witness Mr Hull to produce sponsorship contracts, as Defendants do not have control over the documents; the proper route for third party disclosure is CPR 31.17.

Court Disposition

Disclosure application refused; Court lacks jurisdiction to grant requested order.

Orders

  • Application for order requiring Defendants to request Mr Hull to produce sponsorship contracts is dismissed.