Bugsby Property LLC v LGIM Commercial Lending Ltd & Anor [2021] EWHC 1054 (Comm) (27 April 2021)

Bugsby Property LLC v LGIM Commercial Lending Ltd & Anor [2021] EWHC 1054 (Comm) (27 April 2021)

The court held that the threshold and necessity requirements for non-party disclosure under CPR 31.17 were met for most categories of documents sought from the Yoo Respondents and Capco, as these documents were likely to support the applicants' case or adversely affect another party's case and were necessary for the fair disposal of the claim, particularly on issues of causation and quantum. The court found the definitions of the categories sufficiently clear and specific, and that confidentiality and proportionality concerns could be addressed by a confidentiality ring and reasonable search limitations. However, disclosure was refused or limited for certain categories where the necessity...

Citation
[2021] EWHC 1054 (Comm)
Parties
Claimant: Bugsby Property LLC; First Defendant: LGIM Commercial Lending Limited; Second Defendant: Legal and General Assurance Society Limited; First Respondent: Yoo Capital Limited; Second Respondent: Deutsche Finance International LLP; Third Respondent: Olympus Management Limited; Fourth Respondent: RDM Capital Limited; Fifth Respondent: Capital and Counties Properties PLC
Jurisdiction
England and Wales
Judgment Date
27 April 2021
Procedural Posture
Commercial Court Claim for Damages and Equitable Relief / Interlocutory Application for Non Party Disclosure Under CPR 31.17 and S.34 Senior Courts Act 1981
Outcome
Applications for non-party disclosure succeed in part.
Legal Topics
Non Party Disclosure, Breach of Confidentiality, Breach of Exclusivity, Damages for Loss of Chance, Disclosure Obligations, Confidentiality Protections
Commercial Law Civil Procedure Non Party Disclosure Breach of Confidentiality Breach of Exclusivity Damages for Loss of Chance Disclosure Obligations Confidentiality Protections

Case Brief

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Parties

Bugsby Property LLC

Claimant

LGIM Commercial Lending Limited

First Defendant

Legal and General Assurance Society Limited

Second Defendant

Yoo Capital Limited

First Respondent

Deutsche Finance International LLP

Second Respondent

Olympus Management Limited

Third Respondent

RDM Capital Limited

Fourth Respondent

Capital and Counties Properties PLC

Fifth Respondent

Procedural Posture

Commercial Court Claim for Damages and Equitable Relief / Interlocutory Application for Non Party Disclosure Under CPR 31.17 and S.34 Senior Courts Act 1981

Legal Issues

  1. 1 Whether non-party disclosure should be ordered under CPR 31.17 and s.34 Senior Courts Act 1981
  2. 2 Whether the documents sought are likely to support the applicant's case or adversely affect another party's case
  3. 3 Whether disclosure is necessary for fair disposal of the claim or to save costs

Ratio Decidendi

The court held that the threshold and necessity requirements for non-party disclosure under CPR 31.17 were met for most categories of documents sought from the Yoo Respondents and Capco, as these documents were likely to support the applicants' case or adversely affect another party's case and were necessary for the fair disposal of the claim, particularly on issues of causation and quantum. The court found the definitions of the categories sufficiently clear and specific, and that confidentiality and proportionality concerns could be addressed by a confidentiality ring and reasonable search limitations. However, disclosure was refused or limited for certain categories where the necessity...

Court Disposition

Applications for non-party disclosure succeed in part.

Orders

  • Yoo Respondents to disclose documents relating to alternative financing, investment strategy, redevelopment plans, and the Savills valuation, subject to confidentiality ring.
  • Capco to disclose board minutes, associated papers, and Gary Yardley's emails regarding assessment of bids and refinancing, subject to reasonable search and confidentiality protections.