Kelly & Anor v Baker & Anor

Kelly & Anor v Baker & Anor

Model D extended disclosure without Narrative Documents is proportionate given the issues and time period; Claimants failed to establish Defendants' control over server data as access was not free and unfettered, and company consent was required.

Parties
Claimant: John Thomas Kelly; Claimant: Lansdowne Group Limited; Defendant: Brian Edward Baker; Defendant: Robert John Braid
Jurisdiction
England and Wales
Judgment Date
23 April 2021
Procedural Posture
Commercial Court Civil Claim / Case Management Conference Ruling
Outcome
Claimants' application refused; Model D extended disclosure ordered for Defendants without Narrative Documents.
Legal Topics
Extended Disclosure Models, Control of Documents, Management Buy Out, Fiduciary Duty, Fraud Allegations
Civil Procedure Disclosure Company Law Extended Disclosure Models Control of Documents Management Buy Out Fiduciary Duty Fraud Allegations

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Parties

John Thomas Kelly

Claimant

Lansdowne Group Limited

Claimant

Brian Edward Baker

Defendant

Robert John Braid

Defendant

Procedural Posture

Commercial Court Civil Claim / Case Management Conference Ruling

Legal Issues

  1. 1 Scope of Issue 1 in Disclosure Review Document
  2. 2 Appropriate model of extended disclosure for Defendants
  3. 3 Claimants' application regarding control of server data

Ratio Decidendi

Model D extended disclosure without Narrative Documents is proportionate given the issues and time period; Claimants failed to establish Defendants' control over server data as access was not free and unfettered, and company consent was required.

Court Disposition

Claimants' application refused; Model D extended disclosure ordered for Defendants without Narrative Documents.

Orders

  • Defendants to provide Model D extended disclosure for period 2013–2017 and 1 July 2006–December 2008.
  • No order for Narrative Documents.