Maher v Maher & Anor [2019] EWHC 3613 (Ch) (26 November 2019)

The application for specific disclosure was dismissed because, considering the overriding objective, the factors in para. 6.4 of Practice Direction 51U, the imminence of trial, and the proportionality of the request, it would not be reasonable or proportionate to order disclosure of the defendants' personal bank statements at this late stage.

Citation: [2019] EWHC 3613 (Ch)
Parties: Claimant: Vincent Maher; Defendant: Brendan Maher; Defendant: Gerard Maher
Jurisdiction: England and Wales
Judgment Date: 26 November 2019
Procedural Posture: Application for Specific Disclosure in Trust Litigation / Interlocutory Application Prior to Trial
Outcome: Application dismissed
Legal Topics: Disclosure, Trustee Removal, Case Management, Proportionality in Disclosure

Trusts Civil Procedure Disclosure Trustee Removal Case Management Proportionality in Disclosure

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Parties

Vincent Maher

Claimant

Brendan Maher

Defendant

Gerard Maher

Defendant

Procedural Posture

Application for Specific Disclosure in Trust Litigation / Interlocutory Application Prior to Trial

Legal Issues

1 Whether specific disclosure of defendants' personal bank statements should be ordered
2 Whether the application for disclosure is reasonable and proportionate under Practice Direction 51U

Ratio Decidendi

Court Disposition

Application dismissed

Orders

Application for specific disclosure of defendants' personal bank statements is refused.