Cobussen Principal Investment Holdings Ltd v Akbar & Ors [2020] EWHC 476 (QB) (02 March 2020)

Cobussen Principal Investment Holdings Ltd v Akbar & Ors [2020] EWHC 476 (QB) (02 March 2020)

The Respondents' disclosure was inadequate and not limited by the List of Issues for Disclosure. The court has jurisdiction to order further searches, including electronic searches supervised by solicitors, and to require the Respondents to make requests to third parties for documents formerly under their control. Such orders are proportionate and necessary for a fair trial of the issues concerning beneficial ownership and enforcement of the judgment debt.

Citation
[2020] EWHC 476
Parties
Claimant: Cobussen Principal Investment Holdings Limited; First Defendant: Ghouse Akbar; Second Defendant: Legacy Holdings Limited; Third Defendant: Mehreen Akbar
Jurisdiction
England and Wales
Judgment Date
02 March 2020
Procedural Posture
Disclosure Application in Enforcement Proceedings (charging Order) / Interlocutory Application Ruling
Outcome
Application granted in substantial part
Legal Topics
Disclosure Obligations, Beneficial Ownership, Charging Orders, Trust Structures, Control of Documents, Third Party Disclosure
Civil Procedure Trusts and Equity Enforcement of Judgments Disclosure Obligations Beneficial Ownership Charging Orders Trust Structures Control of Documents +1 more

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Parties

Cobussen Principal Investment Holdings Limited

Claimant

Ghouse Akbar

First Defendant

Legacy Holdings Limited

Second Defendant

Mehreen Akbar

Third Defendant

Procedural Posture

Disclosure Application in Enforcement Proceedings (charging Order) / Interlocutory Application Ruling

Legal Issues

  1. 1 Whether further disclosure should be ordered against the Respondents in relation to the beneficial ownership of property subject to a charging order application
  2. 2 Whether the Respondents have complied with their disclosure obligations under CPR Part 31
  3. 3 Whether the List of Issues for Disclosure limits the scope of standard disclosure

Ratio Decidendi

The Respondents' disclosure was inadequate and not limited by the List of Issues for Disclosure. The court has jurisdiction to order further searches, including electronic searches supervised by solicitors, and to require the Respondents to make requests to third parties for documents formerly under their control. Such orders are proportionate and necessary for a fair trial of the issues concerning beneficial ownership and enforcement of the judgment debt.

Court Disposition

Application granted in substantial part

Orders

  • Respondents to conduct further searches for relevant documents, including electronic searches supervised by their solicitors (DWF), and provide a witness statement confirming compliance.
  • Respondents to make formal written requests to specified third parties (including former directors, solicitors, banks, trustees, and agents) for documents formerly under their control and disclose any relevant documents obtained.