First Rate FX Ltd v Trading By Telephone Ltd & Ors

First Rate FX Ltd v Trading By Telephone Ltd & Ors

The first defendant failed to comply with the unless order for disclosure, particularly by failing to provide key documents and proper inspection, justifying the striking out of its defence. The individual Mishcon defendants and Mr Crisp had provided lists and inspection that, while possibly incomplete, were not illusory or in bad faith, so their defences should not be struck out. The second defendant must provide specific disclosure of turnover/profit documents and documents similar to the 6 February 2014 email. Proceedings against Mr Bobby Ward are stayed due to credible evidence of settlement.

Parties
Claimant/respondent: First Rate FX Ltd; First Defendant/applicant: Trading By Telephone Ltd; Second Defendant/applicant: Opt FX Limited; Third Defendant/applicant: Mr Daniel Crisp; Fourth Defendant/applicant: Mr Scott Gunn; Fifth Defendant/applicant: Mr Oliver Davis-Gardner; Seventh Defendant/applicant: Mr Cameron Perry Peter Hassan; Eighth Defendant/applicant: Mr Louis Lavers; Ninth Defendant/applicant: Mr Billy Martin; Sixth Defendant/applicant: Mr Bobby Ward
Jurisdiction
England and Wales
Judgment Date
16 April 2014
Procedural Posture
Civil / Interlocutory Application Regarding Compliance With Disclosure Orders and Case Management Directions
Outcome
Partial grant of application; defence of first defendant struck out; specific disclosure ordered against second defendant; proceedings against sixth defendant stayed; time extended for witness statements and trial window varied.
Legal Topics
Disclosure of Documents, Unless Orders, Restrictive Covenants, Striking Out Defences, Case Management, Team Move Litigation
Civil Procedure Employment Law Commercial Law Disclosure of Documents Unless Orders Restrictive Covenants Striking Out Defences Case Management +1 more

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Parties

First Rate FX Ltd

Claimant/respondent

Trading By Telephone Ltd

First Defendant/applicant

Opt FX Limited

Second Defendant/applicant

Mr Daniel Crisp

Third Defendant/applicant

Mr Scott Gunn

Fourth Defendant/applicant

Mr Oliver Davis-Gardner

Fifth Defendant/applicant

Mr Cameron Perry Peter Hassan

Seventh Defendant/applicant

Mr Louis Lavers

Eighth Defendant/applicant

Mr Billy Martin

Ninth Defendant/applicant

Mr Bobby Ward

Sixth Defendant/applicant

Procedural Posture

Civil / Interlocutory Application Regarding Compliance With Disclosure Orders and Case Management Directions

Legal Issues

  1. 1 Whether the defendants complied with disclosure and inspection obligations under court orders
  2. 2 Whether defences should be struck out for non-compliance with unless orders
  3. 3 Whether specific disclosure should be ordered against certain defendants

Ratio Decidendi

The first defendant failed to comply with the unless order for disclosure, particularly by failing to provide key documents and proper inspection, justifying the striking out of its defence. The individual Mishcon defendants and Mr Crisp had provided lists and inspection that, while possibly incomplete, were not illusory or in bad faith, so their defences should not be struck out. The second defendant must provide specific disclosure of turnover/profit documents and documents similar to the 6 February 2014 email. Proceedings against Mr Bobby Ward are stayed due to credible evidence of settlement.

Court Disposition

Partial grant of application; defence of first defendant struck out; specific disclosure ordered against second defendant; proceedings against sixth defendant stayed; time extended for witness statements and trial window varied.

Orders

  • Defence of Trading By Telephone Ltd (first defendant) struck out for failure to comply with unless order.
  • Second defendant (Opt FX Limited) to provide specific disclosure of turnover/profit documents and documents similar to the 6 February 2014 email by 4pm, 17 April 2014.