Cobussen Principal Investment Holdings Ltd v Akbar & Ors

Cobussen Principal Investment Holdings Ltd v Akbar & Ors

The court held that the Respondents' disclosure was inadequate, that the List of Issues for Disclosure did not restrict the scope of disclosure required by the pleadings and issues to be tried, and that further searches and requests for documents from third parties were necessary and proportionate. The Respondents were ordered to provide further disclosure, including solicitor-led searches of electronic material and requests to specified third parties for relevant documents.

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
Civil / Ruling on Disclosure and Case Management Applications Prior to Trial
Outcome
Application for further disclosure granted in substantial part; directions given for further searches, requests to third parties, and solicitor-led review of electronic material.
Legal Topics
Disclosure of Documents, Charging Orders, Beneficial Ownership, Trust Law, Third Party Disclosure, Proportionality in Disclosure
Civil Procedure Trusts and Equity Enforcement of Judgments Disclosure of Documents Charging Orders Beneficial Ownership Trust Law Third Party Disclosure +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

Civil / Ruling on Disclosure and Case Management Applications Prior to Trial

Legal Issues

  1. 1 Whether the First Defendant has a beneficial interest in the Property and the nature and extent of such interest
  2. 2 Whether the Third Defendant has a beneficial interest and/or rights of occupation in the Property and, if so, the nature and extent of that interest and/or those rights
  3. 3 Whether a final charging order should be made or the Interim Charging Order discharged

Ratio Decidendi

The court held that the Respondents' disclosure was inadequate, that the List of Issues for Disclosure did not restrict the scope of disclosure required by the pleadings and issues to be tried, and that further searches and requests for documents from third parties were necessary and proportionate. The Respondents were ordered to provide further disclosure, including solicitor-led searches of electronic material and requests to specified third parties for relevant documents.

Court Disposition

Application for further disclosure granted in substantial part; directions given for further searches, requests to third parties, and solicitor-led review of electronic material.

Orders

  • Respondents to provide a witness statement about email accounts and confirm solicitor access to electronic material.
  • Respondents to make requests to specified third parties for documents and disclose resulting correspondence.