Vannin Capital PCC v RBOS Shareholers Action Group Ltd & Ors [2019] EWHC 1617 (Ch) (21 June 2019)

Vannin Capital PCC v RBOS Shareholers Action Group Ltd & Ors [2019] EWHC 1617 (Ch) (21 June 2019)

The exclusion of SG UK from Appendix 1 is not necessary, reasonable, or proportionate; all Corporate Defendants must provide disclosure as originally ordered. Second Defendants must conduct searches for board minutes and related documents as required by the Disclosure Order and DRD.

Citation
[2019] EWHC 1617 (Ch)
Parties
Claimant: Vannin Capital PCC; First Defendant: RBOS Shareholders Action Group Limited; Second Defendants: The Persons Listed in Schedule 1 to the Particulars of Claim
Jurisdiction
England and Wales
Judgment Date
21 June 2019
Procedural Posture
Case Management Conference Applications Under Disclosure Pilot / Post Case Management Conference, Applications to Vary and Enforce Disclosure Order
Outcome
Second Defendants' application to vary Disclosure Order refused; Claimant's application for further searches granted.
Legal Topics
Disclosure Pilot, Extended Disclosure, Variation of Disclosure Orders, Proportionality, Case Management
Civil Procedure Commercial Law Disclosure Pilot Extended Disclosure Variation of Disclosure Orders Proportionality Case Management

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Parties

Vannin Capital PCC

Claimant

RBOS Shareholders Action Group Limited

First Defendant

The Persons Listed in Schedule 1 to the Particulars of Claim

Second Defendants

Procedural Posture

Case Management Conference Applications Under Disclosure Pilot / Post Case Management Conference, Applications to Vary and Enforce Disclosure Order

Legal Issues

  1. 1 Whether SG UK DB Trustee Company Limited should be excluded from Appendix 1 for Extended Disclosure
  2. 2 Whether Second Defendants must conduct further searches for board minutes and related documents

Ratio Decidendi

The exclusion of SG UK from Appendix 1 is not necessary, reasonable, or proportionate; all Corporate Defendants must provide disclosure as originally ordered. Second Defendants must conduct searches for board minutes and related documents as required by the Disclosure Order and DRD.

Court Disposition

Second Defendants' application to vary Disclosure Order refused; Claimant's application for further searches granted.

Orders

  • Second Defendants must carry out searches for board minutes and related documents as specified in the Disclosure Order and DRD within two months.
  • Disclosure to be provided to Claimant on a rolling basis as it becomes available.