Fiesta Hotels and Resorts SL & Ors v Deutsche Bank AG & Anor [2024] EWHC 557 (Comm) (07 March 2024)

Fiesta Hotels and Resorts SL & Ors v Deutsche Bank AG & Anor [2024] EWHC 557 (Comm) (07 March 2024)

There is no substantial basis for thinking that relevant WhatsApp communications exist on DB-issued devices, so no order is made for their search. As to personal devices, the court finds that disclosure via the Export Chat process is sufficient and that full forensic imaging is not reasonably necessary, as there is no real reason to believe further relevant material would be found. The court orders disclosure of WhatsApp messages extracted via the Export Chat process by a set deadline, except for one ex-employee who no longer possesses relevant devices.

Citation
[2024] EWHC 557 (Comm)
Parties
Claimants: Fiesta Hotels and Resorts SL & Ors; Defendants: Deutsche Bank AG & Anor
Jurisdiction
England and Wales
Judgment Date
07 March 2024
Procedural Posture
Commercial Court Application for Disclosure / Interlocutory Application Ruling
Outcome
Application granted in part; limited order for disclosure; costs split.
Legal Topics
Disclosure of Electronic Communications, Forensic Imaging of Devices, Contractual Rights of Employer, Proportionality in Disclosure, Costs of Interlocutory Applications
Civil Procedure Commercial Law Disclosure of Electronic Communications Forensic Imaging of Devices Contractual Rights of Employer Proportionality in Disclosure Costs of Interlocutory Applications

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Parties

Fiesta Hotels and Resorts SL & Ors

Claimants

Deutsche Bank AG & Anor

Defendants

Procedural Posture

Commercial Court Application for Disclosure / Interlocutory Application Ruling

Legal Issues

  1. 1 Whether Deutsche Bank should be ordered to search DB-issued devices for WhatsApp communications
  2. 2 Whether Deutsche Bank should be required to obtain full forensic images of ex-employees' personal devices for WhatsApp disclosure
  3. 3 Whether disclosure of WhatsApp communications via Export Chat process is sufficient

Ratio Decidendi

There is no substantial basis for thinking that relevant WhatsApp communications exist on DB-issued devices, so no order is made for their search. As to personal devices, the court finds that disclosure via the Export Chat process is sufficient and that full forensic imaging is not reasonably necessary, as there is no real reason to believe further relevant material would be found. The court orders disclosure of WhatsApp messages extracted via the Export Chat process by a set deadline, except for one ex-employee who no longer possesses relevant devices.

Court Disposition

Application granted in part; limited order for disclosure; costs split.

Orders

  • No order for search or unlocking of DB-issued devices for WhatsApp communications.
  • Order that Deutsche Bank disclose by list, with production of copies or notification of privilege, all relevant WhatsApp messages (as defined) extracted via the FTI Export Chat Process from ex-employees' personal devices (except Mr Hernandes) by 4 pm on 12 April 2024.