Friend Media Technology Systems Limited & Anor v Jonathan Norman Friend & Anor

Friend Media Technology Systems Limited & Anor v Jonathan Norman Friend & Anor

The Defendants failed to demonstrate that the documents sought from the NEC Custodians were of such relevance that disclosure was necessary for the fair disposal of the proceedings, nor that there was a clear basis for concluding that intra-NEC or NEC/third party documents existed in the categories sought. The extensive disclosure already provided, the limited role of the NEC Custodians, and the disproportionate burden and privacy concerns associated with the requested disclosure rendered the applications inconsistent with the overriding objective.

Parties
Claimant/respondent: Friend Media Technology Systems Limited; Claimant/respondent: Friend MTS Limited; Defendant/applicant: Jonathan Norman Friend; Defendant/applicant: Friend TP Limited; NEC Respondent: Andrew Skinner; NEC Respondent: Keven Parker; NEC Respondent: Michael Joseph; NEC Respondent: NorthEdge Capital LLP
Jurisdiction
England and Wales
Judgment Date
10 February 2025
Procedural Posture
Civil (commercial) / Interlocutory Application for Specific and Non Party Disclosure Prior to Expedited Trial on Liability and Injunctive Relief
Outcome
Applications dismissed
Legal Topics
Disclosure of Documents, Control of Documents, Non Party Disclosure, Directors' Duties, Injunctive Relief
Civil Procedure Company Law Disclosure of Documents Control of Documents Non Party Disclosure Directors' Duties Injunctive Relief

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Parties

Friend Media Technology Systems Limited

Claimant/respondent

Friend MTS Limited

Claimant/respondent

Jonathan Norman Friend

Defendant/applicant

Friend TP Limited

Defendant/applicant

Andrew Skinner

NEC Respondent

Keven Parker

NEC Respondent

Michael Joseph

NEC Respondent

NorthEdge Capital LLP

NEC Respondent

Procedural Posture

Civil (commercial) / Interlocutory Application for Specific and Non Party Disclosure Prior to Expedited Trial on Liability and Injunctive Relief

Legal Issues

  1. 1 Whether the Claimants are required to provide specific disclosure of documents held by NEC-nominated directors (NEC Custodians)
  2. 2 Whether the court should order non-party disclosure against NEC Custodians and NorthEdge Capital LLP
  3. 3 Whether the documents sought are in the Claimants’ control

Ratio Decidendi

The Defendants failed to demonstrate that the documents sought from the NEC Custodians were of such relevance that disclosure was necessary for the fair disposal of the proceedings, nor that there was a clear basis for concluding that intra-NEC or NEC/third party documents existed in the categories sought. The extensive disclosure already provided, the limited role of the NEC Custodians, and the disproportionate burden and privacy concerns associated with the requested disclosure rendered the applications inconsistent with the overriding objective.

Court Disposition

Applications dismissed