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)

The court held that a prima facie case for preservation of documents had been made under CPR 5.4C(2), given the public interest in asbestos litigation and the principle of open justice. The risk of imminent destruction of documents justified an immediate preservation order pending further argument on disclosure.

Citation
[2017] EWHC 811 (QB)
Parties
Non Party Applicant: 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 Pending Determination of Access
Outcome
Application for preservation of documents granted; further determination of access adjourned.
Legal Topics
Access to Court Documents, Open Justice, Asbestos Litigation, Preservation of Evidence
Civil Procedure Tort Product Liability Access to Court Documents Open Justice Asbestos Litigation Preservation of Evidence

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Parties

The Asbestos Victims Support Groups Forum UK

Non Party Applicant

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 Pending Determination of Access

Legal Issues

  1. 1 Whether a non-party applicant is entitled to preservation and potential disclosure 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

The court held that a prima facie case for preservation of documents had been made under CPR 5.4C(2), given the public interest in asbestos litigation and the principle of open justice. The risk of imminent destruction of documents justified an immediate preservation order pending further argument on disclosure.

Court Disposition

Application for preservation of documents granted; further determination of access adjourned.

Orders

  • All trial documents, files, bundles, transcripts, and electronic media to be preserved and transferred to the court for safekeeping.
  • Any documents removed from the Royal Courts of Justice to be returned forthwith for preservation.