Burnden Holdings (UK) Ltd v Fielding & Anor [2014] EWHC 3356 (Ch) (05 September 2014)

Burnden Holdings (UK) Ltd v Fielding & Anor [2014] EWHC 3356 (Ch) (05 September 2014)

References in the liquidator's witness statement were generic and did not amount to specific mention or direct allusion to particular documents; thus, CPR 31.14 was not engaged except for documents expressly conceded. Specific disclosure of the Tenons file and other broad categories was refused as premature and inconsistent with the overriding objective, but disclosure of the minute of the 29 August 2007 board meeting was ordered as it was a single, relevant document necessary for fairness.

Citation
[2014] EWHC 3356 (Ch)
Parties
Claimant: Burnden Holdings (UK) Ltd; First Defendant: Gary John Fielding; Second Defendant: Sally Anne Fielding
Jurisdiction
England and Wales
Judgment Date
05 September 2014
Procedural Posture
Interim Application in Ongoing Civil Proceedings / Application for Disclosure and Inspection of Documents Prior to Summary Judgment Hearing
Outcome
Application for disclosure and inspection dismissed except for specific board minute; costs awarded against defendants.
Legal Topics
Disclosure of Documents, Specific Disclosure, Inspection Under CPR 31.14, Company in Liquidation, Restoration to Register, Costs Orders
Civil Procedure Company Law Disclosure of Documents Specific Disclosure Inspection Under CPR 31.14 Company in Liquidation Restoration to Register Costs Orders

Case Brief

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Parties

Burnden Holdings (UK) Ltd

Claimant

Gary John Fielding

First Defendant

Sally Anne Fielding

Second Defendant

Procedural Posture

Interim Application in Ongoing Civil Proceedings / Application for Disclosure and Inspection of Documents Prior to Summary Judgment Hearing

Legal Issues

  1. 1 Whether references in a witness statement trigger a right to inspection under CPR 31.14
  2. 2 Whether specific disclosure should be ordered prior to standard disclosure and before service of defence
  3. 3 Whether the overriding objective requires early disclosure in the circumstances

Ratio Decidendi

References in the liquidator's witness statement were generic and did not amount to specific mention or direct allusion to particular documents; thus, CPR 31.14 was not engaged except for documents expressly conceded. Specific disclosure of the Tenons file and other broad categories was refused as premature and inconsistent with the overriding objective, but disclosure of the minute of the 29 August 2007 board meeting was ordered as it was a single, relevant document necessary for fairness.

Court Disposition

Application for disclosure and inspection dismissed except for specific board minute; costs awarded against defendants.

Orders

  • Claimant to disclose the minute of the board meeting held on 29 August 2007.
  • Defendants' application for inspection under CPR 31.14 dismissed except as conceded.