COVALIS CAPITAL LP & Anor v BANCO BTG PACTUAL SA

COVALIS CAPITAL LP & Anor v BANCO BTG PACTUAL SA

The court refused to include Issue 18 in the List of Issues for Disclosure at this stage, holding that its inclusion would undermine the agreed separation between liability and causation/loss issues for the two-stage trial.

Source-derived case information.

Parties
Claimant: Covalis Capital LP; Claimant: Covalis Capital LLP; Defendant: Banco BTG Pactual SA
Jurisdiction
England and Wales
Judgment Date
25 February 2022
Procedural Posture
Civil / Disclosure Application (interlocutory)
Outcome
Application for inclusion of Issue 18 in the List of Issues for Disclosure refused.
Legal Topics
Disclosure, Breach of Confidence, Case Management
Commercial Law Disclosure Breach of Confidence Case Management

Source-derived case record

Summary, issues, holding and outcome

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Parties

Covalis Capital LP

Claimant

Covalis Capital LLP

Claimant

Banco BTG Pactual SA

Defendant

Procedural Posture

Civil / Disclosure Application (interlocutory)

Legal Issues

  1. 1 Whether Issue 18 should be included in the List of Issues for Disclosure at this stage
  2. 2 Appropriate separation of liability and causation/loss issues for trial

Ratio Decidendi

The court refused to include Issue 18 in the List of Issues for Disclosure at this stage, holding that its inclusion would undermine the agreed separation between liability and causation/loss issues for the two-stage trial.

Court Disposition

Application for inclusion of Issue 18 in the List of Issues for Disclosure refused.

Orders

  • Issue 18 not to be included in the List of Issues for Disclosure at this stage.
  • Issues 1 to 29 to be tried at the first-stage trial.