CBS Butler Ltd v Brown & Ors

CBS Butler Ltd v Brown & Ors

The Claimant failed to demonstrate substantial reasons to deprive the Defendants of the opportunity to review documents before disclosure; normal disclosure procedures should apply. Mrs Brown's computers were not in Mr Brown's possession or control and are excluded from disclosure.

Parties
Claimant: CBS Butler Ltd; First Defendant: Joe Brown; Second Defendant: Alastair Millar; Third Defendant: Peopleforce Recruitment Limited
Jurisdiction
England and Wales
Judgment Date
16 December 2013
Procedural Posture
Civil / Interlocutory Application Ruling
Outcome
Claimant's application for intrusive disclosure procedure refused; Defendants to provide standard disclosure.
Legal Topics
Disclosure, Search Orders, Restrictive Covenants, Confidentiality, Costs
Employment Civil Procedure Privacy Disclosure Search Orders Restrictive Covenants Confidentiality Costs

Case Brief

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Parties

CBS Butler Ltd

Claimant

Joe Brown

First Defendant

Alastair Millar

Second Defendant

Peopleforce Recruitment Limited

Third Defendant

Procedural Posture

Civil / Interlocutory Application Ruling

Legal Issues

  1. 1 Whether disclosure should be conducted by Claimant's expert without Defendants' intervention
  2. 2 Whether Defendants should be deprived of opportunity to review documents before disclosure
  3. 3 Whether Mrs Brown's computers were in possession or control of Mr Brown and subject to disclosure

Ratio Decidendi

The Claimant failed to demonstrate substantial reasons to deprive the Defendants of the opportunity to review documents before disclosure; normal disclosure procedures should apply. Mrs Brown's computers were not in Mr Brown's possession or control and are excluded from disclosure.

Court Disposition

Claimant's application for intrusive disclosure procedure refused; Defendants to provide standard disclosure.

Orders

  • Defendants to provide standard disclosure by keyword search (with specified exclusions and inclusions) from 1 January 2013.
  • Disclosure obligation does not extend to Mrs Brown's computers.