Skymist Holdings Ltd v Grandlane Developments Ltd [2019] EWHC 1834 (Comm) (12 July 2019)

Skymist Holdings Ltd v Grandlane Developments Ltd [2019] EWHC 1834 (Comm) (12 July 2019)

The court found no credible evidence that Grandlane failed to comply with the original disclosure order or that further relevant documents exist. The assertion of privilege was not shown to be erroneous or inadequately supported. The dominant purpose of the communications was litigation against Skymist, and the evidence did not support Skymist's claim that documents were withheld improperly or that further disclosure was warranted. The application for further orders was refused.

Citation
[2019] EWHC 1834 (Comm)
Parties
Applicant/intended Claimant: Skymist Holdings Limited; Respondent/intended Defendant: Grandlane Developments Limited
Jurisdiction
England and Wales
Judgment Date
12 July 2019
Procedural Posture
Application for Order to Enforce Pre Action Disclosure / Judgment on Application for Further Disclosure and Challenge to Privilege
Outcome
Application dismissed
Legal Topics
Pre Action Disclosure, Litigation Privilege, Disclosure Obligations, Dominant Purpose Test
Civil Procedure Commercial Law Pre Action Disclosure Litigation Privilege Disclosure Obligations Dominant Purpose Test

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Parties

Skymist Holdings Limited

Applicant/intended Claimant

Grandlane Developments Limited

Respondent/intended Defendant

Procedural Posture

Application for Order to Enforce Pre Action Disclosure / Judgment on Application for Further Disclosure and Challenge to Privilege

Legal Issues

  1. 1 Whether Grandlane should be ordered to comply fully with the original pre-action disclosure order
  2. 2 Whether Grandlane should be ordered to provide four additional categories of documents sought by Skymist
  3. 3 Whether Grandlane should be ordered to provide all documents withheld on grounds of privilege

Ratio Decidendi

The court found no credible evidence that Grandlane failed to comply with the original disclosure order or that further relevant documents exist. The assertion of privilege was not shown to be erroneous or inadequately supported. The dominant purpose of the communications was litigation against Skymist, and the evidence did not support Skymist's claim that documents were withheld improperly or that further disclosure was warranted. The application for further orders was refused.

Court Disposition

Application dismissed

Orders

  • No order requiring Grandlane to re-run disclosure or provide further documents
  • No order requiring Grandlane to provide documents withheld on grounds of privilege