Hadaway v DB (UK) Bank [2013] EWHC 4538 (Ch) (11 November 2013)

Hadaway v DB (UK) Bank [2013] EWHC 4538 (Ch) (11 November 2013)

The CPG does not fall within the scope of standard disclosure under CPR 31.6 because the evidence does not establish that it contains material which directly supports the Defendant's case or adversely affects the Claimant's case on the pleaded issues of causation or contributory negligence. The CPG is a high-level document not used in the underwriting of the loans in question, and its contents do not address the relevant issues. There is no basis for specific disclosure under CPR 31.12 as no good reason has been demonstrated. The appeal is therefore dismissed.

Citation
[2013] EWHC 4538 (Ch)
Parties
Claimant/respondent: Ward Hadaway; Defendant/appellant: DB (UK) Bank
Jurisdiction
England and Wales
Judgment Date
11 November 2013
Procedural Posture
Appeal / Appeal From Decision of Deputy Master on Disclosure Application
Outcome
Appeal dismissed
Legal Topics
Disclosure of Documents, Standard Disclosure Under CPR 31.6, Specific Disclosure Under CPR 31.12, Case Management Discretion, Solicitor's Negligence, Causation in Professional Negligence
Civil Procedure Banking Law Professional Negligence Disclosure of Documents Standard Disclosure Under CPR 31.6 Specific Disclosure Under CPR 31.12 Case Management Discretion Solicitor's Negligence +1 more

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Parties

Ward Hadaway

Claimant/respondent

DB (UK) Bank

Defendant/appellant

Procedural Posture

Appeal / Appeal From Decision of Deputy Master on Disclosure Application

Legal Issues

  1. 1 Whether the Credit Process Guide (CPG) should be disclosed under standard disclosure obligations pursuant to CPR 31.6
  2. 2 Whether the CPG should be disclosed under specific disclosure pursuant to CPR 31.12
  3. 3 Whether the CPG is relevant to the pleaded issues of causation and contributory negligence

Ratio Decidendi

The CPG does not fall within the scope of standard disclosure under CPR 31.6 because the evidence does not establish that it contains material which directly supports the Defendant's case or adversely affects the Claimant's case on the pleaded issues of causation or contributory negligence. The CPG is a high-level document not used in the underwriting of the loans in question, and its contents do not address the relevant issues. There is no basis for specific disclosure under CPR 31.12 as no good reason has been demonstrated. The appeal is therefore dismissed.

Court Disposition

Appeal dismissed

Orders

  • No order for disclosure of the Credit Process Guide (CPG)
  • Liberty to renew application if banking experts require the CPG