Lawless v Secretary of State for Business and Trade & Ors [2026] EWHC 48 (Ch) (14 January 2026)

Lawless v Secretary of State for Business and Trade & Ors [2026] EWHC 48 (Ch) (14 January 2026)

The correspondence between the Secretary of State and the Joint Liquidators is not relevant to the issue the applicant must meet—whether adequate books and records were maintained and delivered up. The burden is on the Secretary of State to prove inadequacy, not on the applicant to understand the reasoning of the Joint Liquidators or their communications. The documents sought are not necessary for the fair disposal of the proceedings, and the application fails on grounds of relevance.

Citation
[2026] EWHC 48 (Ch)
Parties
Applicant/defendant: Elliot Philip Lawless; First Respondent/claimant: The Secretary of State for Business and Trade; Second Respondent: Alan David Fallows, Peter James Anderson and Alessandro Sidoli of Xeinadin Corporate Recovery Limited (Joint Liquidators of Wolstenholme Square Developments Limited – In Liquidation); Third Respondent: Alan David Fallows and Alessandro Sidoli of Xeinadin Corporate Recovery Limited (Joint Liquidators of Queensland Place Limited – In Liquidation); Fourth Respondent: Alan David Fallows and Alessandro Sidoli of Xeinadin Corporate Recovery Limited (Joint Liquidators of Parliment Place Limited – In Liquidation)
Jurisdiction
England and Wales
Judgment Date
14 January 2026
Procedural Posture
Company Directors Disqualification Act Proceedings (cdda) / Application for Specific and Non Party Disclosure Prior to Defence Evidence
Outcome
Application dismissed
Legal Topics
Specific Disclosure, Non Party Disclosure, Directors' Disqualification, Adequacy of Company Records, Legal Professional Privilege
Insolvency Company Law Civil Procedure Specific Disclosure Non Party Disclosure Directors' Disqualification Adequacy of Company Records Legal Professional Privilege

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Parties

Elliot Philip Lawless

Applicant/defendant

The Secretary of State for Business and Trade

First Respondent/claimant

Alan David Fallows, Peter James Anderson and Alessandro Sidoli of Xeinadin Corporate Recovery Limited (Joint Liquidators of Wolstenholme Square Developments Limited – In Liquidation)

Second Respondent

Alan David Fallows and Alessandro Sidoli of Xeinadin Corporate Recovery Limited (Joint Liquidators of Queensland Place Limited – In Liquidation)

Third Respondent

Alan David Fallows and Alessandro Sidoli of Xeinadin Corporate Recovery Limited (Joint Liquidators of Parliment Place Limited – In Liquidation)

Fourth Respondent

Procedural Posture

Company Directors Disqualification Act Proceedings (cdda) / Application for Specific and Non Party Disclosure Prior to Defence Evidence

Legal Issues

  1. 1 Whether the applicant is entitled to specific disclosure under CPR 31.12 from the Secretary of State for Business and Trade
  2. 2 Whether the applicant is entitled to non-party disclosure under CPR 31.17 from the Joint Liquidators
  3. 3 Whether the correspondence between the Secretary of State and the Joint Liquidators is relevant and necessary for the fair disposal of the proceedings

Ratio Decidendi

The correspondence between the Secretary of State and the Joint Liquidators is not relevant to the issue the applicant must meet—whether adequate books and records were maintained and delivered up. The burden is on the Secretary of State to prove inadequacy, not on the applicant to understand the reasoning of the Joint Liquidators or their communications. The documents sought are not necessary for the fair disposal of the proceedings, and the application fails on grounds of relevance.

Court Disposition

Application dismissed

Orders

  • No order for specific disclosure against the Secretary of State for Business and Trade
  • No order for non-party disclosure against the Joint Liquidators