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 court held that the List of Issues for Disclosure did not restrict the scope of standard disclosure required by CPR Part 31 and the pleadings. The Respondents' disclosure was inadequate, and further searches, including electronic searches and requests to third parties for documents formerly in the Respondents' control, were necessary and proportionate for a fair trial. The Respondents' solicitors failed to properly supervise the disclosure process, and the court ordered the additional disclosure sought by the Claimant.

Citation
[2020] EWHC 476 (QB)
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
High Court Civil Enforcement / Charging Order / Interlocutory Application for Further Disclosure and Extension of Time
Outcome
Application granted
Legal Topics
Disclosure Obligations, Beneficial Ownership, Charging Orders, Trust Structure, Control of Documents, Proportionality in Disclosure
Civil Procedure Trusts and Equity Enforcement of Judgments Disclosure Obligations Beneficial Ownership Charging Orders Trust Structure 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

High Court Civil Enforcement / Charging Order / Interlocutory Application for Further Disclosure and Extension of Time

Legal Issues

  1. 1 Whether further disclosure should be ordered against the Respondents in relation to the beneficial ownership of the property and related transactions
  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 court held that the List of Issues for Disclosure did not restrict the scope of standard disclosure required by CPR Part 31 and the pleadings. The Respondents' disclosure was inadequate, and further searches, including electronic searches and requests to third parties for documents formerly in the Respondents' control, were necessary and proportionate for a fair trial. The Respondents' solicitors failed to properly supervise the disclosure process, and the court ordered the additional disclosure sought by the Claimant.

Court Disposition

Application granted

Orders

  • Respondents to provide further disclosure as specified in the amended draft order, including details of searches, further electronic searches, and requests to specified third parties for relevant documents.
  • Respondents' solicitors to take possession of and search relevant electronic devices and email accounts.