JD Classics Ltd v Hood & Ors (No. 1) [2021] EWHC 3189 (Comm) (26 October 2021)

JD Classics Ltd v Hood & Ors (No. 1) [2021] EWHC 3189 (Comm) (26 October 2021)

JDCL has complied with its extended disclosure obligations under the Disclosure Pilot Scheme; DH's application for further specific disclosure is dismissed except for two narrow searches (Jaguar XJ13/Mike Driscoll and Ford GT40/Ronnie Spain), and a further search for manual stock books. Most categories sought are either not within JDCL's control, not relevant to pleaded issues, or have already been addressed by reasonable and proportionate searches.

Citation
[2021] EWHC 3189 (Comm)
Parties
Claimant: JD Classics Limited (In Administration); First Defendant: Derek Hood; Second Defendant: Sarah Hood; Third Defendant: Richard Goddard
Jurisdiction
England and Wales
Judgment Date
26 October 2021
Procedural Posture
Commercial Court Disclosure Application / Interlocutory Judgment on Dh's Disclosure Application
Outcome
DH's disclosure application dismissed except for limited further searches ordered.
Legal Topics
Disclosure Pilot Scheme, Extended Disclosure, Control of Documents, Fiduciary Duty, Fraudulent Transactions, Section 423 Insolvency Act, Expert Evidence
Civil Procedure Insolvency Company Law Disclosure Pilot Scheme Extended Disclosure Control of Documents Fiduciary Duty Fraudulent Transactions +2 more

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Parties

JD Classics Limited (In Administration)

Claimant

Derek Hood

First Defendant

Sarah Hood

Second Defendant

Richard Goddard

Third Defendant

Procedural Posture

Commercial Court Disclosure Application / Interlocutory Judgment on Dh's Disclosure Application

Legal Issues

  1. 1 Has JDCL complied with its extended disclosure obligations under the Disclosure Pilot Scheme?
  2. 2 Are further orders for specific disclosure against JDCL justified under paragraphs 17 and 18 of Practice Direction 51U?
  3. 3 Are the documents sought by DH within JDCL's control?

Ratio Decidendi

JDCL has complied with its extended disclosure obligations under the Disclosure Pilot Scheme; DH's application for further specific disclosure is dismissed except for two narrow searches (Jaguar XJ13/Mike Driscoll and Ford GT40/Ronnie Spain), and a further search for manual stock books. Most categories sought are either not within JDCL's control, not relevant to pleaded issues, or have already been addressed by reasonable and proportionate searches.

Court Disposition

DH's disclosure application dismissed except for limited further searches ordered.

Orders

  • JDCL to conduct further search for manual stock books.
  • JDCL to perform additional electronic searches for 'Jaguar XJ13' and 'Mike Driscoll', and for 'Ford GT40 Mark I' and 'Ronnie Spain'.