Patisserie Holdings PLC & Ors v Grant Thornton UK LLP [2021] EWHC 3022 (Comm) (10 November 2021)

Patisserie Holdings PLC & Ors v Grant Thornton UK LLP [2021] EWHC 3022 (Comm) (10 November 2021)

The application for early disclosure falls outside the scope of Practice Direction 51U and the court's residual jurisdiction should not be exercised to undermine the structured disclosure regime. The documents sought are not shown to be necessary for the claimants to formulate their case, and the claimants have...

Source-derived case information.

Citation
[2021] EWHC 3022 (Comm)
Parties
Claimant: Patisserie Holdings PLC (in liquidation) and Others; Defendant: Grant Thornton UK LLP
Jurisdiction
England and Wales
Judgment Date
10 November 2021
Procedural Posture
Audit Negligence Claim / Interlocutory Application for Disclosure
Outcome
Application dismissed
Legal Topics
Disclosure, Audit Negligence, Case Management, Practice Direction 51 U
Civil Procedure Commercial Law Disclosure Audit Negligence Case Management Practice Direction 51 U

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Parties

Patisserie Holdings PLC (in liquidation) and Others

Claimant

Grant Thornton UK LLP

Defendant

Procedural Posture

Audit Negligence Claim / Interlocutory Application for Disclosure

Legal Issues

  1. 1 Whether the court has jurisdiction to order early disclosure of audit files under Practice Direction 51U or CPR 3.1(2)(m)
  2. 2 Whether the documents sought are necessary for the claimants to formulate their case

Ratio Decidendi

The application for early disclosure falls outside the scope of Practice Direction 51U and the court's residual jurisdiction should not be exercised to undermine the structured disclosure regime. The documents sought are not shown to be necessary for the claimants to formulate their case, and the claimants have access to their own records. The application is therefore dismissed.

Court Disposition

Application dismissed