NMC Health PLC v Ernst & Young LLP

NMC Health PLC v Ernst & Young LLP

Where both parties could have made the third-party disclosure application, the fair approach is to split the third-party disclosure costs between the Claimant and Defendant.

Parties
Claimant: NMC Health PLC (In Administration); Defendant: Ernst & Young LLP
Jurisdiction
England and Wales
Judgment Date
15 November 2024
Procedural Posture
Commercial Court Claim / Interlocutory Application Ruling
Outcome
Application granted in part
Legal Topics
Disclosure, Costs, Jurisdiction
Civil Procedure Commercial Law Disclosure Costs Jurisdiction

Case Brief

Summary, issues, holding and outcome

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Parties

NMC Health PLC (In Administration)

Claimant

Ernst & Young LLP

Defendant

Procedural Posture

Commercial Court Claim / Interlocutory Application Ruling

Legal Issues

  1. 1 Whether the costs of third-party disclosure of LCIA documents should be borne by the Claimant, Defendant, or both
  2. 2 Whether the court has jurisdiction to order cost-sharing under the relevant Practice Direction or CPR 3.1(m)

Ratio Decidendi

Where both parties could have made the third-party disclosure application, the fair approach is to split the third-party disclosure costs between the Claimant and Defendant.

Court Disposition

Application granted in part

Orders

  • Costs of third-party disclosure of LCIA documents to be split equally between Claimant and Defendant
  • Costs of this aspect of the application to be costs in case