First Rate FX Ltd v Trading By Telephone Ltd & Ors [2014] EWHC 1838 (QB) (16 April 2014)

The first defendant failed to comply with the disclosure and inspection orders, including by providing redacted and incomplete documents, and its defence is struck out. The individual Mishcon defendants and Mr Crisp provided disclosure and inspection in good faith and are not to have their defences struck out. Mr Ward's proceedings are stayed due to likely settlement. The second defendant is ordered to provide specific disclosure of turnover/profit documents and relevant emails by 4pm on 17 April 2014. Time for witness statements and updated schedule of loss is extended to 24 April 2014. The trial window is varied to commence on 6 May 2014.

Citation: [2014] EWHC 1838 (QB)
Parties: Claimant/respondent: First Rate FX Ltd; First Defendant/applicant: Trading By Telephone Ltd; Second Defendant/applicant: Opt FX Ltd; Third Defendant/applicant: Mr Daniel Crisp; Fourth Defendant/applicant: Mr Scott Gunn; Fifth Defendant/applicant: Mr Oliver Davis-Gardner; Sixth Defendant/applicant: Mr Bobby Ward; Seventh Defendant/applicant: Mr Billy Martin; Eighth Defendant/applicant: Mr Cameron Perry Peter Hassan; Ninth Defendant/applicant: Mr Louis Lavers
Jurisdiction: England and Wales
Judgment Date: 16 April 2014
Procedural Posture: Commercial Litigation (high Court, Queen's Bench Division) / Interlocutory Application Regarding Compliance With Disclosure Orders and Case Management Directions
Outcome: Partially allowed; first defendant's defence struck out; specific disclosure ordered; proceedings against Mr Ward stayed; case management directions varied.
Legal Topics: Disclosure and Inspection of Documents, Restrictive Covenants, Case Management, Unless Orders, Striking Out Defences

Commercial Law Employment Law Civil Procedure Disclosure and Inspection of Documents Restrictive Covenants Case Management Unless Orders Striking Out Defences

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Parties

First Rate FX Ltd

Claimant/respondent

Trading By Telephone Ltd

First Defendant/applicant

Opt FX Ltd

Second Defendant/applicant

Mr Daniel Crisp

Third Defendant/applicant

Mr Scott Gunn

Fourth Defendant/applicant

Mr Oliver Davis-Gardner

Fifth Defendant/applicant

Mr Bobby Ward

Sixth Defendant/applicant

Mr Billy Martin

Seventh Defendant/applicant

Mr Cameron Perry Peter Hassan

Eighth Defendant/applicant

Mr Louis Lavers

Ninth Defendant/applicant

Procedural Posture

Commercial Litigation (high Court, Queen's Bench Division) / Interlocutory Application Regarding Compliance With Disclosure Orders and Case Management Directions

Legal Issues

1 Whether the defendants complied with disclosure and inspection orders
2 Whether defences should be struck out for non-compliance with unless orders
3 Whether further specific disclosure should be ordered

Ratio Decidendi

Court Disposition

Partially allowed; first defendant's defence struck out; specific disclosure ordered; proceedings against Mr Ward stayed; case management directions varied.

Orders

Defence of Trading By Telephone Ltd (first defendant) struck out for failure to comply with disclosure orders.
Second defendant (Opt FX Ltd) to provide specific disclosure of turnover/profit documents and relevant emails by 4pm on 17 April 2014.