PMD Business Finance Holdings Limited v Lee Schofield & Anor
The requirements of CPR 31.16 for pre-action disclosure were satisfied as both parties were likely to be parties to subsequent proceedings, the documents sought fell within standard disclosure, and disclosure was desirable to clarify the extent of any claim and potentially resolve the dispute without litigation or limit costs. The order was granted with limitations to ensure proportionality.
- Parties
- Claimant: PMD Business Finance Holdings Limited; Defendant: Lee Schofield; Defendant: One Funding Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 01 May 2026
- Procedural Posture
- Application for Pre Action Disclosure / Ruling on Application for Pre Action Disclosure
- Outcome
- Application for pre-action disclosure granted with limitations.
- Legal Topics
- Pre Action Disclosure, Restrictive Covenants, Breach of Contract, Inducement of Breach of Contract, Confidential Information
Case Brief
Summary, issues, holding and outcome
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Parties
PMD Business Finance Holdings Limited
Claimant
Lee Schofield
Defendant
One Funding Limited
Defendant
Procedural Posture
Application for Pre Action Disclosure / Ruling on Application for Pre Action Disclosure
Legal Issues
- 1 Whether the requirements for pre-action disclosure under CPR 31.16 are satisfied
- 2 Whether the documents sought fall within standard disclosure
- 3 Whether pre-action disclosure is desirable to dispose fairly of anticipated proceedings, assist resolution without proceedings, or save costs
Ratio Decidendi
The requirements of CPR 31.16 for pre-action disclosure were satisfied as both parties were likely to be parties to subsequent proceedings, the documents sought fell within standard disclosure, and disclosure was desirable to clarify the extent of any claim and potentially resolve the dispute without litigation or limit costs. The order was granted with limitations to ensure proportionality.
Court Disposition
Application for pre-action disclosure granted with limitations.
Orders
- Respondents to disclose and permit inspection of specified documents relating to Restricted Customers, Suppliers, and Introducers from 12 November 2023 to 1 May 2025.
- Respondents to specify which documents are no longer in their control and the reason, and identify documents withheld from inspection.
Full Case Text
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