PCP Capital Partners LLP & Anor v Barclays Bank Plc [2017] EWHC 175 (QB) (03 February 2017)

PCP Capital Partners LLP & Anor v Barclays Bank Plc [2017] EWHC 175 (QB) (03 February 2017)

It is necessary to order disclosure of the documents to dispose fairly of the claim and prevent further unnecessary costs, given Barclays' conduct and the importance of the documents. Although Barclays is the proper party for disclosure, in the absence of an application against them, the order will be made against Mr Boath.

Citation
[2017] EWHC 175 (QB)
Parties
Claimant: PCP Capital Partners LLP; Claimant: PCP International Finance Limited; Defendant: Barclays Bank PLC
Jurisdiction
England and Wales
Judgment Date
03 February 2017
Procedural Posture
Application for Third Party Disclosure / Interlocutory Application
Outcome
Application granted
Legal Topics
Disclosure of Documents, Third Party Disclosure, Standard Disclosure, Case Management
Civil Procedure Disclosure of Documents Third Party Disclosure Standard Disclosure Case Management

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

PCP Capital Partners LLP

Claimant

PCP International Finance Limited

Claimant

Barclays Bank PLC

Defendant

Procedural Posture

Application for Third Party Disclosure / Interlocutory Application

Legal Issues

  1. 1 Whether an order for third party disclosure under CPR 31.17 should be made against Mr Richard Boath
  2. 2 Whether early disclosure of certain documents is necessary to dispose fairly of the claim or to save costs

Ratio Decidendi

It is necessary to order disclosure of the documents to dispose fairly of the claim and prevent further unnecessary costs, given Barclays' conduct and the importance of the documents. Although Barclays is the proper party for disclosure, in the absence of an application against them, the order will be made against Mr Boath.

Court Disposition

Application granted

Orders

  • Order for disclosure of the 30 October 2008 emails and 'offline documents' to be made against Mr Boath, unless Barclays consents to provide them directly.