Banco De Sabadell SA v Cerberus Global NPL Associates LLC [2023] EWHC 2584 (Comm) (13 October 2023)

Banco De Sabadell SA v Cerberus Global NPL Associates LLC [2023] EWHC 2584 (Comm) (13 October 2023)

Model B Extended Disclosure is sufficient for the factual issues pleaded; no justification for broader disclosure or extensive witness evidence as matters stand. Any factual witness evidence should be confined to tightly defined issues.

Citation
[2023] EWHC 2584 (Comm)
Parties
Claimant: Banco de Sabadell S. A; Defendants: Cerberus Global NPL Associates, L. L. C & ors.; Third Party: Promontoria Holding 266 B. V.
Jurisdiction
England and Wales
Judgment Date
13 October 2023
Procedural Posture
Commercial Contract Dispute / Case Management Conference Ruling
Outcome
directions for Model B Extended Disclosure and limited factual witness evidence; trial window set for late October 2024, subject to possible amendment and rescheduling
Legal Topics
Interpretation of Contracts, Disclosure, Spanish Law Principles, Case Management
Commercial Law Contract Law Interpretation of Contracts Disclosure Spanish Law Principles Case Management

Case Brief

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Parties

Banco de Sabadell S. A

Claimant

Cerberus Global NPL Associates, L. L. C & ors.

Defendants

Promontoria Holding 266 B. V.

Third Party

Procedural Posture

Commercial Contract Dispute / Case Management Conference Ruling

Legal Issues

  1. 1 extent of factual issues requiring disclosure and witness evidence
  2. 2 application of Spanish law to contract interpretation
  3. 3 admissibility of extrinsic evidence

Ratio Decidendi

Model B Extended Disclosure is sufficient for the factual issues pleaded; no justification for broader disclosure or extensive witness evidence as matters stand. Any factual witness evidence should be confined to tightly defined issues.

Court Disposition

directions for Model B Extended Disclosure and limited factual witness evidence; trial window set for late October 2024, subject to possible amendment and rescheduling

Orders

  • Model B Extended Disclosure ordered
  • Factual witness evidence to be confined to tightly defined issues