WH Holding Ltd & Ors v E20 Stadium LLP [2018] EWHC 2971 (Ch) (05 November 2018)

WH Holding Ltd & Ors v E20 Stadium LLP [2018] EWHC 2971 (Ch) (05 November 2018)

Disclosure from LS185 is justified and necessary for fair disposal of West Ham's claim, but only for documents likely to support the applicant's case or adversely affect E20's case. The order must be limited to substantive emails and tightly focused documents, excluding administrative or background materials.

Source-derived case information.

Citation
[2018] EWHC 2971 (Ch)
Parties
Claimant: WH Holding Limited; Claimant: West Ham United Football Club Limited; Third Party Respondent: London Stadium 185 Limited; Third Party Respondent: London Borough of Newham; Defendant: E20 Stadium LLP
Jurisdiction
England and Wales
Judgment Date
05 November 2018
Procedural Posture
Application for Non Party Disclosure / Pre Trial Interlocutory Application
Outcome
Application granted in part and amended form.
Legal Topics
Non Party Disclosure, Disclosure Obligations, Concession Agreement Interpretation, Good Faith in Contracts
Civil Procedure Contract Law Non Party Disclosure Disclosure Obligations Concession Agreement Interpretation Good Faith in Contracts

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Summary, issues, holding and outcome

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Parties

WH Holding Limited

Claimant

West Ham United Football Club Limited

Claimant

London Stadium 185 Limited

Third Party Respondent

London Borough of Newham

Third Party Respondent

E20 Stadium LLP

Defendant

Procedural Posture

Application for Non Party Disclosure / Pre Trial Interlocutory Application

Legal Issues

  1. 1 Whether LS185 should be ordered to disclose documents under CPR 31.17
  2. 2 Scope of relevant documents for third party disclosure
  3. 3 Whether disclosure is necessary for fair disposal of the claim

Ratio Decidendi

Disclosure from LS185 is justified and necessary for fair disposal of West Ham's claim, but only for documents likely to support the applicant's case or adversely affect E20's case. The order must be limited to substantive emails and tightly focused documents, excluding administrative or background materials.

Court Disposition

Application granted in part and amended form.

Orders

  • LS185 to disclose by 4 pm 13 November 2018 all emails sent or received by Ms. Lennon, Mr. Gilmore, or Mr. Riley between 1 January 2017 and 28 February 2017 addressing the substantive contents, merits, or reasons for E20's decision not to apply for increased stadium capacity.
  • LS185 to disclose any note or record of the 5 January 2017 meeting or call attended by Ms. Lennon and possibly Mr. Riley, if such document exists.