Banco de Sabadell SA v Cerberus Global NPL Associates, LLC & Ors

Banco de Sabadell SA v Cerberus Global NPL Associates, LLC & Ors

On the pleadings as they stand, only Model B Extended Disclosure is required; there is no need for broader search-based disclosure or extensive factual witness evidence, as the factual issues are limited, largely admitted, and the relevant documents are already available. Any need for further disclosure or evidence will depend on whether the pleadings are amended to raise additional factual matters.

Parties
Claimant: Banco de Sabadell S. A; Defendants: Cerberus Global NPL Associates, L. L. C & ors.; Third Party: Promontoria Holding 266 B. V.
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Commercial Contract Dispute / Case Management Conference Ruling on Disclosure and Directions to Trial
Outcome
Directions to trial given on the basis of Model B Extended Disclosure; factual witness evidence to be confined to tightly defined issues; flexibility to revisit if pleadings are amended.
Legal Topics
Interpretation of Contracts, Disclosure Obligations, Foreign Law (spanish Law), Case Management
Commercial Law Contract Law Interpretation of Contracts Disclosure Obligations Foreign Law (spanish Law) Case Management

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Banco de Sabadell S. A

Claimant

Cerberus Global NPL Associates, L. L. C & ors.

Defendants

Promontoria Holding 266 B. V.

Third Party

Procedural Posture

Commercial Contract Dispute / Case Management Conference Ruling on Disclosure and Directions to Trial

Legal Issues

  1. 1 Nature and extent of factual issues requiring disclosure and witness evidence
  2. 2 Appropriate scope of disclosure (Model B Extended Disclosure)
  3. 3 Need for expert evidence on Spanish law

Ratio Decidendi

On the pleadings as they stand, only Model B Extended Disclosure is required; there is no need for broader search-based disclosure or extensive factual witness evidence, as the factual issues are limited, largely admitted, and the relevant documents are already available. Any need for further disclosure or evidence will depend on whether the pleadings are amended to raise additional factual matters.

Court Disposition

Directions to trial given on the basis of Model B Extended Disclosure; factual witness evidence to be confined to tightly defined issues; flexibility to revisit if pleadings are amended.

Orders

  • Model B Extended Disclosure ordered for relevant issues on the pleadings.
  • Factual witness evidence to be confined to particular, tightly defined issues.