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 unredacted employment contracts and primary documents underlying secondary financial documents are relevant to the issues at trial and must be disclosed, as their probative value outweighs any confidentiality; redactions cannot be justified where they render documents misleading or prevent fair testing of evidence.

Citation
[2007] EWHC 2739
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
Interlocutory Application in High Court Civil Proceedings / Application for Specific Disclosure and Inspection Prior to Trial
Outcome
Application for specific disclosure granted in part
Legal Topics
Specific Disclosure, Confidentiality of Documents, Interim Injunctions, Employment Contracts, Restrictive Covenants
Employment Law Civil Procedure Specific Disclosure Confidentiality of Documents Interim Injunctions Employment Contracts Restrictive Covenants

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Parties

Tullett Prebon Group Limited

Claimant

Tullett Prebon (Securities) Ltd.

Claimant

Jevin John Davis

Defendant

GFI Holdings Ltd.

Defendant

Procedural Posture

Interlocutory Application in High Court Civil Proceedings / Application for Specific Disclosure and Inspection Prior to Trial

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 full

Ratio Decidendi

The unredacted employment contracts and primary documents underlying secondary financial documents are relevant to the issues at trial and must be disclosed, as their probative value outweighs any confidentiality; redactions cannot be justified where they render documents misleading or prevent fair testing of evidence.

Court Disposition

Application for specific disclosure granted in part

Orders

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