Edward Scriven v Lee Scriven & Others [2013] EWHC 4251 (Ch) (09 December 2013)

Edward Scriven v Lee Scriven & Others [2013] EWHC 4251 (Ch) (09 December 2013)

The fourth defendant's disclosure was inadequate and conducted under an unduly restrictive conception of standard disclosure. Specific disclosure is ordered for the majority of live requests, with formal assurance required via a disclosure statement from the solicitor. Costs are awarded to the claimant for two-thirds of the application, to be paid by the fourth defendant and subject to detailed assessment.

Citation
[2013] EWHC 4251 (Ch)
Parties
Claimant: Edward Scriven; Defendant: Lee Scriven; Fourth Defendant: Evans Mockler Ltd; Defendants: Others
Jurisdiction
England and Wales
Judgment Date
09 December 2013
Procedural Posture
Application for Specific Disclosure / Post Case Management Conference, Pre Trial
Outcome
Application for specific disclosure granted in substantial part; two-thirds of claimant's costs awarded.
Legal Topics
Specific Disclosure, Standard Disclosure, Solicitor's Duties, Proportionality, Costs
Civil Procedure Disclosure Specific Disclosure Standard Disclosure Solicitor's Duties Proportionality Costs

Case Brief

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Parties

Edward Scriven

Claimant

Lee Scriven

Defendant

Evans Mockler Ltd

Fourth Defendant

Others

Defendants

Procedural Posture

Application for Specific Disclosure / Post Case Management Conference, Pre Trial

Legal Issues

  1. 1 Whether the fourth defendant has complied with standard disclosure obligations
  2. 2 Whether specific disclosure should be ordered for documents listed in the schedule
  3. 3 Appropriate costs order for the application

Ratio Decidendi

The fourth defendant's disclosure was inadequate and conducted under an unduly restrictive conception of standard disclosure. Specific disclosure is ordered for the majority of live requests, with formal assurance required via a disclosure statement from the solicitor. Costs are awarded to the claimant for two-thirds of the application, to be paid by the fourth defendant and subject to detailed assessment.

Court Disposition

Application for specific disclosure granted in substantial part; two-thirds of claimant's costs awarded.

Orders

  • Specific disclosure ordered for items 3, 4, 5, 6, 8, 9, 10, 12, 13, 14, 16, 18, 20, 21, 22, 29 (restricted), 30, 34, 39, 41, 42, 48, 53; denied for remaining items as specified.
  • Disclosure statement to be provided by solicitor for fourth defendant by 23rd December 2013.