Fiesta Hotels and Resorts SL & Ors v Deutsche Bank AG & Anor

Fiesta Hotels and Resorts SL & Ors v Deutsche Bank AG & Anor

The court found the necessity for trial was marginal and that the defendants' offered disclosure was sufficient, with an additional order for an audit of email gaps to ensure completeness.

Parties
Claimant: Fiesta Hotels and Resorts SL; Claimant: Residencial Marina SL; Claimant: Residencial Es Vive SA; Claimant: Dominican Entertainment (Luxembourg) SARL; Defendant: Deutsche Bank AG; Defendant: Deutsche Bank AG, London Branch
Jurisdiction
England and Wales
Judgment Date
06 July 2024
Procedural Posture
Commercial / Interlocutory Application for Disclosure
Outcome
application partially granted
Legal Topics
Disclosure, Fraud, Trial Preparation
Commercial Law Civil Procedure Disclosure Fraud Trial Preparation

Case Brief

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Parties

Fiesta Hotels and Resorts SL

Claimant

Residencial Marina SL

Claimant

Residencial Es Vive SA

Claimant

Dominican Entertainment (Luxembourg) SARL

Claimant

Deutsche Bank AG

Defendant

Deutsche Bank AG, London Branch

Defendant

Procedural Posture

Commercial / Interlocutory Application for Disclosure

Legal Issues

  1. 1 whether additional disclosure relating to Project Fox is necessary, reasonable, and proportionate for trial

Ratio Decidendi

The court found the necessity for trial was marginal and that the defendants' offered disclosure was sufficient, with an additional order for an audit of email gaps to ensure completeness.

Court Disposition

application partially granted

Orders

  • Defendants to provide the disclosure they have offered.
  • An audit to be conducted on the timeline to identify email gaps and consider sensible ways to fill them.