Fox v Boulter [2013] EWHC 4012 (QB) (18 December 2013)

Fox v Boulter [2013] EWHC 4012 (QB) (18 December 2013)

The applications for specific and non-party disclosure were dismissed because the disclosure sought was not necessary for the fair disposal of the action, would not save costs, was disproportionate and oppressive, and the classes of documents requested were too wide and vague. The claimant had conducted a reasonable search, and the issues in the pleadings were narrow, making further disclosure unjustified under the CPR and the overriding objective.

Citation
[2013] EWHC 4012 (QB)
Parties
Claimant: The Rt Hon Dr Liam Fox MP; Defendant: Harvey Boulter; Non Party: The Cabinet Office and the Ministry of Defence; Non Party: Mr Werrity
Jurisdiction
England and Wales
Judgment Date
18 December 2013
Procedural Posture
Libel Action (civil) / Interlocutory Application for Specific and Non Party Disclosure
Outcome
Applications for specific and non-party disclosure dismissed
Legal Topics
Disclosure, Standard Disclosure, Specific Disclosure, Non Party Disclosure, Proportionality, Libel, Justification, Honest Comment
Civil Procedure Defamation Disclosure Standard Disclosure Specific Disclosure Non Party Disclosure Proportionality Libel +2 more

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Parties

The Rt Hon Dr Liam Fox MP

Claimant

Harvey Boulter

Defendant

The Cabinet Office and the Ministry of Defence

Non Party

Mr Werrity

Non Party

Procedural Posture

Libel Action (civil) / Interlocutory Application for Specific and Non Party Disclosure

Legal Issues

  1. 1 Whether the claimant has complied with standard disclosure obligations under CPR 31.6 and 31.7
  2. 2 Whether specific disclosure should be ordered against the claimant under CPR 31.12
  3. 3 Whether non-party disclosure should be ordered against the Cabinet Office, Ministry of Defence, and Mr Werrity under CPR 31.17

Ratio Decidendi

The applications for specific and non-party disclosure were dismissed because the disclosure sought was not necessary for the fair disposal of the action, would not save costs, was disproportionate and oppressive, and the classes of documents requested were too wide and vague. The claimant had conducted a reasonable search, and the issues in the pleadings were narrow, making further disclosure unjustified under the CPR and the overriding objective.

Court Disposition

Applications for specific and non-party disclosure dismissed

Orders

  • No order for specific disclosure against Dr Fox
  • No order for non-party disclosure against the Cabinet Office, Ministry of Defence, or Mr Werrity