WH Holding Ltd & Ors v E20 Stadium LLP

WH Holding Ltd & Ors v E20 Stadium LLP

The court granted West Ham's application in part, holding that disclosure of certain emails and documents from LS185 was justified and necessary for the fair disposal of the claim, provided the class of documents was appropriately limited to those addressing the substantive contents, merits, or reasons for E20's decision not to apply for an increased General Safety Certificate. The court rejected disclosure of work diaries and administrative documents as outside the scope of CPR 31.17.

Parties
Claimant: WH Holding Limited; Claimant: West Ham United Football Club Limited; Defendant: E20 Stadium LLP; Respondent: London Stadium 185 Limited; Respondent: London Borough of Newham
Jurisdiction
England and Wales
Judgment Date
05 November 2018
Procedural Posture
Civil (disclosure Application) / Interlocutory Application for Non Party Disclosure
Outcome
Application granted in part
Legal Topics
Non Party Disclosure, Disclosure of Documents, Contract Interpretation, Good Faith in Contracts
Civil Procedure Non Party Disclosure Disclosure of Documents Contract Interpretation Good Faith in Contracts

Case Brief

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Parties

WH Holding Limited

Claimant

West Ham United Football Club Limited

Claimant

E20 Stadium LLP

Defendant

London Stadium 185 Limited

Respondent

London Borough of Newham

Respondent

Procedural Posture

Civil (disclosure Application) / Interlocutory Application for Non Party Disclosure

Legal Issues

  1. 1 Whether non-party disclosure should be ordered against London Stadium 185 Limited under CPR 31.17
  2. 2 Whether the documents sought are likely to support the applicant's case or adversely affect another party's case
  3. 3 Whether disclosure is necessary for the fair disposal of the claim or to save costs

Ratio Decidendi

The court granted West Ham's application in part, holding that disclosure of certain emails and documents from LS185 was justified and necessary for the fair disposal of the claim, provided the class of documents was appropriately limited to those addressing the substantive contents, merits, or reasons for E20's decision not to apply for an increased General Safety Certificate. The court rejected disclosure of work diaries and administrative documents as outside the scope of CPR 31.17.

Court Disposition

Application granted in part

Orders

  • LS185 to disclose by 13 November 2018 all emails sent or received by Ms. Lennon, Mr. Gilmore, or Mr. Riley between 1 January and 28 February 2017 addressing the substantive contents, merits of, or reasons for E20’s decision not to apply for an amendment of the General Safety Certificate for 60,000 capacity,...
  • If relevant emails or records have been deleted or destroyed, LS185 must provide a verified witness statement from its CEO explaining how and when deletion occurred.