Arif & Ors v Berkeley Burke Sipp Administration Ltd [2018] EWHC 4096 (Comm) (20 June 2018)

Arif & Ors v Berkeley Burke Sipp Administration Ltd [2018] EWHC 4096 (Comm) (20 June 2018)

The defendant is required to notify store pod investors of the existence of the GLO and the cut-off date for joining, as the previous communication failed to do so and may have discouraged participation. However, the court declines to order the defendant to provide a witness statement regarding its insurance or financial ability to fund the litigation, as there is no sufficient case management justification or jurisdictional basis in this context.

Citation
[2018] EWHC 4096 (Comm)
Parties
Claimant: Mohammed Arif & Ors; Defendant: Berkeley Burke SIPP Administration Limited
Jurisdiction
England and Wales
Judgment Date
20 June 2018
Procedural Posture
Group Litigation Order (glo) / Interlocutory Application/ruling on Publicity and Insurance Disclosure
Outcome
Partially allowed
Legal Topics
Group Litigation Orders, Publicity of Proceedings, Financial Services Compensation Scheme (fscs), Disclosure of Insurance, Case Management
Civil Procedure Financial Services Group Litigation Orders Publicity of Proceedings Financial Services Compensation Scheme (fscs) Disclosure of Insurance Case Management

Case Brief

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Parties

Mohammed Arif & Ors

Claimant

Berkeley Burke SIPP Administration Limited

Defendant

Procedural Posture

Group Litigation Order (glo) / Interlocutory Application/ruling on Publicity and Insurance Disclosure

Legal Issues

  1. 1 Whether defendant should be ordered to notify store pod investors of the existence of the GLO and cut-off date for joining litigation
  2. 2 Whether defendant should be ordered to provide a witness statement regarding its insurance or financial ability to fund litigation

Ratio Decidendi

The defendant is required to notify store pod investors of the existence of the GLO and the cut-off date for joining, as the previous communication failed to do so and may have discouraged participation. However, the court declines to order the defendant to provide a witness statement regarding its insurance or financial ability to fund the litigation, as there is no sufficient case management justification or jurisdictional basis in this context.

Court Disposition

Partially allowed

Orders

  • Defendant to notify store pod investors of the existence of the GLO and the cut-off date for joining the litigation.
  • Application for disclosure of insurance or financial means by witness statement refused.