Tullett Prebon Group Ltd & Anor v Davis & Anor [2007] EWHC 2739 (QB) (15 November 2007)

Tullett Prebon Group Ltd & Anor v Davis & Anor [2007] EWHC 2739 (QB) (15 November 2007)

The court held that the unredacted employment contracts and primary documents underlying secondary financial documents are relevant to the issues at trial and must be disclosed, as confidentiality does not outweigh their probative value. Redactions in certain documents were unjustified where relevance was established. However, where confidentiality clearly outweighed marginal relevance, disclosure was refused. The court rejected the approach of controlling evidence by selective disclosure or concessions.

Citation
[2007] EWHC 2739 (QB)
Parties
Claimant: Tullett Prebon Group Limited; Claimant: Tullett Prebon (Securities) Ltd.; Defendant: Jevin John Davis; Defendant: GFI Holdings Ltd.
Jurisdiction
England and Wales
Judgment Date
15 November 2007
Procedural Posture
Application for Specific Disclosure in Ongoing High Court Litigation / Pre Trial Interlocutory Application
Outcome
Application for specific disclosure granted in part, refused in part.
Legal Topics
Restrictive Covenants, Injunctions, Specific Disclosure, Confidentiality of Documents, Employment Contracts, Business Interests Protection
Employment Law Civil Procedure Restrictive Covenants Injunctions Specific Disclosure Confidentiality of Documents Employment Contracts Business Interests Protection

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Tullett Prebon Group Limited

Claimant

Tullett Prebon (Securities) Ltd.

Claimant

Jevin John Davis

Defendant

GFI Holdings Ltd.

Defendant

Procedural Posture

Application for Specific Disclosure in Ongoing High Court Litigation / Pre Trial Interlocutory Application

Legal Issues

  1. 1 Whether unredacted employment contracts of Leverett, Bussey, and O'Toole should be disclosed
  2. 2 Whether primary documents underlying secondary financial documents should be disclosed
  3. 3 Whether certain redacted documents should be disclosed in unredacted form

Ratio Decidendi

The court held that the unredacted employment contracts and primary documents underlying secondary financial documents are relevant to the issues at trial and must be disclosed, as confidentiality does not outweigh their probative value. Redactions in certain documents were unjustified where relevance was established. However, where confidentiality clearly outweighed marginal relevance, disclosure was refused. The court rejected the approach of controlling evidence by selective disclosure or concessions.

Court Disposition

Application for specific disclosure granted in part, refused in part.

Orders

  • Tullett must disclose and offer for inspection the unredacted employment contracts of Leverett, Bussey, and O'Toole.
  • Tullett must disclose the primary documents underlying Documents 63 to 65 of their list.