JD Classics Ltd v Hood & Ors (No. 2) [2021] EWHC 3193 (Comm) (27 October 2021)

JD Classics Ltd v Hood & Ors (No. 2) [2021] EWHC 3193 (Comm) (27 October 2021)

Derek Hood failed to comply with extended disclosure obligations; there is sufficient likelihood of undisclosed relevant documents in personal devices and email accounts. The court finds it reasonable and proportionate to make further disclosure orders, including imaging of devices and identification of accounts, and rejects privilege claims as a bar to disclosure.

Citation
[2021] EWHC 3193 (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
27 October 2021
Procedural Posture
Commercial Court Disclosure Application / Interlocutory Judgment on Disclosure
Outcome
Application granted
Legal Topics
Disclosure Obligations, Legal Professional Privilege, Fiduciary Duties, Extended Disclosure, Imaging Orders, Trust Deeds, Loan Accounts
Civil Procedure Insolvency Company Law Disclosure Obligations Legal Professional Privilege Fiduciary Duties Extended Disclosure Imaging Orders +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 Disclosure

Legal Issues

  1. 1 Whether Derek Hood complied with extended disclosure obligations
  2. 2 Whether further disclosure orders are reasonable and proportionate
  3. 3 Whether privilege applies to communications with insolvency practitioners and lawyers

Ratio Decidendi

Derek Hood failed to comply with extended disclosure obligations; there is sufficient likelihood of undisclosed relevant documents in personal devices and email accounts. The court finds it reasonable and proportionate to make further disclosure orders, including imaging of devices and identification of accounts, and rejects privilege claims as a bar to disclosure.

Court Disposition

Application granted

Orders

  • Derek Hood ordered to disclose documents in specified categories, including communications, financial records, loan accounts, trust deeds, and divorce proceedings.
  • Derek Hood ordered to file a witness statement identifying all personal electronic devices and email accounts.