Berkeley Square Holdings Ltd & Ors v Lancer Property Asset Management Ltd & Ors

Berkeley Square Holdings Ltd & Ors v Lancer Property Asset Management Ltd & Ors

Documents held by PDP, Circle, and associated individuals (other than Sheikh Khalifa) are under the claimants' control due to a continuing arrangement or understanding allowing access; further disclosure orders are justified where there is evidence of likely existence of relevant documents and the order is proportionate.

Parties
Claimant: Berkeley Square Holdings Limited & Others; Defendant: Lancer Property Asset Management Limited; Defendant: John Townley Kevill; Defendant: Duncan Robert Ferguson; Defendant: Andrew John Windle Lax; Defendant: Byron Howard Pull; Defendant: Lancer Property Holdings Limited
Jurisdiction
England and Wales
Judgment Date
16 April 2021
Procedural Posture
Civil / Interlocutory Application for Further Disclosure
Outcome
Application partially allowed
Legal Topics
Extended Disclosure, Control of Documents, Proportionality, Specific Disclosure, Practice Direction 51 U
Civil Procedure Disclosure Extended Disclosure Control of Documents Proportionality Specific Disclosure Practice Direction 51 U

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Parties

Berkeley Square Holdings Limited & Others

Claimant

Lancer Property Asset Management Limited

Defendant

John Townley Kevill

Defendant

Duncan Robert Ferguson

Defendant

Andrew John Windle Lax

Defendant

Byron Howard Pull

Defendant

Lancer Property Holdings Limited

Defendant

Procedural Posture

Civil / Interlocutory Application for Further Disclosure

Legal Issues

  1. 1 Whether documents held by third parties are under the control of the claimants for disclosure purposes
  2. 2 Whether a sworn statement regarding control of documents is conclusive
  3. 3 Whether further disclosure orders are reasonable and proportionate under PD51U

Ratio Decidendi

Documents held by PDP, Circle, and associated individuals (other than Sheikh Khalifa) are under the claimants' control due to a continuing arrangement or understanding allowing access; further disclosure orders are justified where there is evidence of likely existence of relevant documents and the order is proportionate.

Court Disposition

Application partially allowed

Orders

  • Claimants to make further enquiries and conduct searches of Dr Al Mazrouei’s documents, including email accounts, and disclose relevant non-privileged documents by 30 April 2021.
  • Claimants to request Dr Abbas to provide an image of his Hotmail account for search and manual review, with relevant non-privileged documents disclosed by 30 April 2021, safeguarding personal emails.