Concept Ltd & Ors v Cape Intermediate Holdings Plc [2017] EWHC 811 (QB) (06 April 2017)

Concept Ltd & Ors v Cape Intermediate Holdings Plc [2017] EWHC 811 (QB) (06 April 2017)

A prima facie case for preservation of trial documents has been made under CPR 5.4C(2) on an ex parte basis, justified by the principles of open justice and public interest in asbestos litigation. Preservation is necessary to prevent destruction and allow proper determination of access.

Source-derived case information.

Citation
[2017] EWHC 811
Parties
Applicant/non Party: The Asbestos Victims Support Groups Forum UK; Claimants: Concept Limited & Ors; Defendant: Cape Intermediate Holdings PLC
Jurisdiction
England and Wales
Judgment Date
06 April 2017
Procedural Posture
Ex Parte Application Under CPR 5.4 C / Interlocutory Application for Preservation of Documents
Outcome
Order for preservation of documents granted; application reserved for further hearing.
Legal Topics
Access to Court Documents, Open Justice, Preservation of Evidence, Asbestos Litigation
Civil Procedure Personal Injury Product Liability Access to Court Documents Open Justice Preservation of Evidence Asbestos Litigation

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Parties

The Asbestos Victims Support Groups Forum UK

Applicant/non Party

Concept Limited & Ors

Claimants

Cape Intermediate Holdings PLC

Defendant

Procedural Posture

Ex Parte Application Under CPR 5.4 C / Interlocutory Application for Preservation of Documents

Legal Issues

  1. 1 Whether a non-party may obtain an order for preservation of trial documents under CPR 5.4C(2)
  2. 2 Whether the principle of open justice and public interest in asbestos litigation justify preservation of documents

Ratio Decidendi

A prima facie case for preservation of trial documents has been made under CPR 5.4C(2) on an ex parte basis, justified by the principles of open justice and public interest in asbestos litigation. Preservation is necessary to prevent destruction and allow proper determination of access.

Court Disposition

Order for preservation of documents granted; application reserved for further hearing.

Orders

  • All documents, files, trial bundles, transcripts, and electronic media lodged or used in the trial to be preserved and transferred to the court for safekeeping.
  • Any such material removed from the court to be returned forthwith for preservation.