Sita UK GROUP Holdings Ltd v Serruys & Ors [2009] EWHC 869 (QB) (29 April 2009)

Sita UK GROUP Holdings Ltd v Serruys & Ors [2009] EWHC 869 (QB) (29 April 2009)

Permission granted for claimants to use knowledge from disclosed and seized documents to answer HMRC's questions at this stage, as HMRC are not requesting documents and no injustice to defendants is demonstrated; full disclosure of documents to HMRC deferred until requested and subject to further application.

Citation
[2009] EWHC 869
Parties
Claimant: SITA UK Group Holdings Limited; Claimant: SITA MR Sheffield Limited; Defendant: Andre Paul Serruys; Defendant: SPC (Norwich) Limited; Defendant: Stephen Dominic Winstone; Defendant: Richard Cubitt; Part 20 Defendant: Alan Crowe
Jurisdiction
England and Wales
Judgment Date
29 April 2009
Procedural Posture
Commercial Litigation / Interlocutory Application for Permission to Disclose Documents to HMRC
Outcome
Application granted in part; claimants permitted to use knowledge from disclosed and seized documents to answer HMRC's questions; full disclosure of documents to HMRC deferred.
Legal Topics
Disclosure of Documents, Implied Undertakings, Fraud Investigation, Breach of Warranty, Freezing Orders
Civil Procedure Commercial Law Tax Law Disclosure of Documents Implied Undertakings Fraud Investigation Breach of Warranty Freezing Orders

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Parties

SITA UK Group Holdings Limited

Claimant

SITA MR Sheffield Limited

Claimant

Andre Paul Serruys

Defendant

SPC (Norwich) Limited

Defendant

Stephen Dominic Winstone

Defendant

Richard Cubitt

Defendant

Alan Crowe

Part 20 Defendant

Procedural Posture

Commercial Litigation / Interlocutory Application for Permission to Disclose Documents to HMRC

Legal Issues

  1. 1 Whether claimants may disclose documents and information obtained in proceedings to HMRC under CPR 31.22
  2. 2 Whether claimants should be released from undertakings restricting use of seized documents
  3. 3 Whether disclosure would cause injustice to the defendants

Ratio Decidendi

Permission granted for claimants to use knowledge from disclosed and seized documents to answer HMRC's questions at this stage, as HMRC are not requesting documents and no injustice to defendants is demonstrated; full disclosure of documents to HMRC deferred until requested and subject to further application.

Court Disposition

Application granted in part; claimants permitted to use knowledge from disclosed and seized documents to answer HMRC's questions; full disclosure of documents to HMRC deferred.

Orders

  • Claimants may answer HMRC's questions using knowledge from statements of case, Winstone disclosure, and seized documents.
  • No permission at this stage for release of documents to HMRC; future requests to be considered with defendants' consent or court's permission.