Hoegh & Anor v Taylor Wessing Llp & Anor [2022] EWHC 856 (Ch) (13 April 2022)

Hoegh & Anor v Taylor Wessing Llp & Anor [2022] EWHC 856 (Ch) (13 April 2022)

References to the PwC review in the witness statement were references to a process, not to a document or class of documents, and did not constitute a direct allusion to any document or its contents. Therefore, the application for production of documents under PD51U para 21.1(2) must be dismissed.

Citation
[2022] EWHC 856 (Ch)
Parties
Claimant: Morten Høegh; Claimant: Thomas Høegh; First Defendant: Taylor Wessing LLP; Second Defendant: MSR Partners LLP (previously known as Moore Stephens LLP)
Jurisdiction
England and Wales
Judgment Date
13 April 2022
Procedural Posture
Application for Production of Documents Under Practice Direction 51 U (disclosure Pilot) / Interlocutory Application Prior to Trial
Outcome
Application dismissed
Legal Topics
Disclosure of Documents, Legal Professional Privilege, Interpretation of 'mentioned' in Witness Statements, Practice Direction 51 U, Negligence by Solicitors and Accountants
Civil Procedure Professional Negligence Disclosure of Documents Legal Professional Privilege Interpretation of 'mentioned' in Witness Statements Practice Direction 51 U Negligence by Solicitors and Accountants

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Parties

Morten Høegh

Claimant

Thomas Høegh

Claimant

Taylor Wessing LLP

First Defendant

MSR Partners LLP (previously known as Moore Stephens LLP)

Second Defendant

Procedural Posture

Application for Production of Documents Under Practice Direction 51 U (disclosure Pilot) / Interlocutory Application Prior to Trial

Legal Issues

  1. 1 Whether references to a 'review' by PwC in a witness statement constitute a mention of a document or class of documents under PD51U para 21.1(2)
  2. 2 Whether such references require production of documents under the Disclosure Pilot

Ratio Decidendi

References to the PwC review in the witness statement were references to a process, not to a document or class of documents, and did not constitute a direct allusion to any document or its contents. Therefore, the application for production of documents under PD51U para 21.1(2) must be dismissed.

Court Disposition

Application dismissed

Orders

  • Second defendant's application for production of documents is dismissed.