Berkeley Square Holdings Ltd & Ors v Lancer Property Asset Management Ltd & Ors [2021] EWHC 849 (Ch) (16 April 2021)

Berkeley Square Holdings Ltd & Ors v Lancer Property Asset Management Ltd & Ors [2021] EWHC 849 (Ch) (16 April 2021)

The court found that, except for Sheikh Khalifa, there was a continuing arrangement or understanding that the claimants could access documents held by PDP, Circle, and associated individuals, making those documents under the claimants' control for disclosure. The court ordered further disclosure in relation to Dr Al Mazrouei and Dr Abbas, as the existing disclosure was inadequate and the orders sought were reasonable and proportionate. No further order was made regarding Sheikh Khalifa, Mr Al Zaabi, or Mr Al Mansouri, as their documents were not under the claimants' control or there was insufficient evidence to justify further searches.

Citation
[2021] EWHC 849 (Ch)
Parties
Claimants/respondents: Berkeley Square Holdings Limited & Others; Defendant/applicant: Lancer Property Asset Management Limited; Defendant/applicant: John Townley Kevill; Defendant/applicant: Duncan Robert Ferguson; Defendant/applicant: Andrew John Windle Lax; Defendant/applicant: Byron Howard Pull; Defendant/applicant: Lancer Property Holdings Limited
Jurisdiction
England and Wales
Judgment Date
16 April 2021
Procedural Posture
Civil (business and Property Courts, Chancery Division) / Interlocutory Application for Further Disclosure Orders Under PD51 U
Outcome
Application granted in part, refused in part.
Legal Topics
Disclosure Obligations, Control of Documents, Specific Disclosure, Practice Direction 51 U, Proportionality in Disclosure, Parent Subsidiary Document Control, State Immunity (argued)
Civil Procedure Disclosure Commercial Law Disclosure Obligations Control of Documents Specific Disclosure Practice Direction 51 U Proportionality in Disclosure +2 more

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Parties

Berkeley Square Holdings Limited & Others

Claimants/respondents

Lancer Property Asset Management Limited

Defendant/applicant

John Townley Kevill

Defendant/applicant

Duncan Robert Ferguson

Defendant/applicant

Andrew John Windle Lax

Defendant/applicant

Byron Howard Pull

Defendant/applicant

Lancer Property Holdings Limited

Defendant/applicant

Procedural Posture

Civil (business and Property Courts, Chancery Division) / Interlocutory Application for Further Disclosure Orders Under PD51 U

Legal Issues

  1. 1 Whether documents held by third parties (PDP, Circle, individuals) are under the control of the claimants for disclosure purposes
  2. 2 Whether a sworn disclosure statement is conclusive
  3. 3 Whether further disclosure orders are reasonable and proportionate under PD51U

Ratio Decidendi

The court found that, except for Sheikh Khalifa, there was a continuing arrangement or understanding that the claimants could access documents held by PDP, Circle, and associated individuals, making those documents under the claimants' control for disclosure. The court ordered further disclosure in relation to Dr Al Mazrouei and Dr Abbas, as the existing disclosure was inadequate and the orders sought were reasonable and proportionate. No further order was made regarding Sheikh Khalifa, Mr Al Zaabi, or Mr Al Mansouri, as their documents were not under the claimants' control or there was insufficient evidence to justify further searches.

Court Disposition

Application granted in part, refused in part.

Orders

  • Order for further disclosure and search of Dr Al Mazrouei's documents and email accounts, with a revised disclosure certificate to be signed.
  • Order for claimants to request Dr Abbas to provide an image of his Hotmail account for further search and disclosure, with safeguards for personal emails.