Digicel (St. Lucia) Ltd & Ors v Cable & Wireless Plc & Ors [2008] EWHC 2522 (Ch) (23 October 2008)

Digicel (St. Lucia) Ltd & Ors v Cable & Wireless Plc & Ors [2008] EWHC 2522 (Ch) (23 October 2008)

The court held that the Defendants' approach to electronic disclosure was not fully compliant with the Practice Direction, particularly due to the lack of early discussion and agreement on key word searches and the blanket refusal to restore back-up tapes. However, the court also found that the cost and effort required to restore all back-up tapes would be disproportionate. The court ordered a limited restoration of back-up tapes for specified individuals and periods, and a further key word search, balancing the need for thorough disclosure with proportionality and cost considerations.

Citation
[2008] EWHC 2522 (Ch)
Parties
Claimant: Digicel (St. Lucia) Limited; Claimant: Digicel (SVG) Limited; Claimant: Digicel Grenada Limited; Claimant: Digicel (Barbados) Limited; Claimant: Digicel Cayman Limited; Claimant: Digicel (Trinidad & Tobago) Limited; Claimant: Digicel (Turks & Caicos); Claimant: Digicel Limited; Defendant: Cable & Wireless Plc; Defendant: Cable & Wireless (West Indies) Limited; Defendant: Cable & Wireless Grenada Limited; Defendant: Cable & Wireless (Barbados) Limited; Defendant: Cable & Wireless (Cayman Islands) Limited; Defendant: Telecommunications Service of Trinidad & Tobago Limited
Jurisdiction
England and Wales
Judgment Date
23 October 2008
Procedural Posture
Civil / Interlocutory Application for Specific Disclosure Under CPR 31.12
Outcome
Application granted in part
Legal Topics
Disclosure of Documents, Electronic Disclosure, Conspiracy, Breach of Statutory Duty, Damages, Proportionality in Disclosure
Civil Procedure Competition Law Telecommunications Law Disclosure of Documents Electronic Disclosure Conspiracy Breach of Statutory Duty Damages +1 more

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Parties

Digicel (St. Lucia) Limited

Claimant

Digicel (SVG) Limited

Claimant

Digicel Grenada Limited

Claimant

Digicel (Barbados) Limited

Claimant

Digicel Cayman Limited

Claimant

Digicel (Trinidad & Tobago) Limited

Claimant

Digicel (Turks & Caicos)

Claimant

Digicel Limited

Claimant

Cable & Wireless Plc

Defendant

Cable & Wireless (West Indies) Limited

Defendant

Cable & Wireless Grenada Limited

Defendant

Cable & Wireless (Barbados) Limited

Defendant

Cable & Wireless (Cayman Islands) Limited

Defendant

Telecommunications Service of Trinidad & Tobago Limited

Defendant

Procedural Posture

Civil / Interlocutory Application for Specific Disclosure Under CPR 31.12

Legal Issues

  1. 1 Whether the Defendants should be ordered to restore back-up tapes for e-mail accounts of certain former employees for disclosure purposes
  2. 2 Whether the Defendants should be ordered to conduct further electronic searches using additional key words/phrases
  3. 3 Whether the Defendants' approach to electronic disclosure was reasonable and proportionate under CPR 31.7 and the Practice Direction

Ratio Decidendi

The court held that the Defendants' approach to electronic disclosure was not fully compliant with the Practice Direction, particularly due to the lack of early discussion and agreement on key word searches and the blanket refusal to restore back-up tapes. However, the court also found that the cost and effort required to restore all back-up tapes would be disproportionate. The court ordered a limited restoration of back-up tapes for specified individuals and periods, and a further key word search, balancing the need for thorough disclosure with proportionality and cost considerations.

Court Disposition

Application granted in part

Orders

  • Defendants to restore back-up tapes for specified individuals and periods in St Lucia, SVG, and Jamaica for the purpose of searching for relevant e-mails.
  • Defendants to conduct further electronic searches using additional key words/phrases as specified.