Cocoa SDN BHD & Anor v Maersk Line A/S

Cocoa SDN BHD & Anor v Maersk Line A/S

The application for specific disclosure is refused because the correspondence sought is privileged, privilege has not been waived as the material has not been deployed in evidence, and the requirements for varying the disclosure order under Practice Direction 57AD para.18 have not been met. The documents are not necessary for the just disposal of the proceedings nor are they relevant to the issues for disclosure.

Parties
Claimant: Cocoa SDN BHD; Defendant: Maersk Line A/S
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Commercial / Interlocutory Application for Specific Disclosure
Outcome
Application for specific disclosure refused
Legal Topics
Disclosure, Privilege, Carriage of Goods by Sea, Case Management
Civil Procedure Commercial Law Disclosure Privilege Carriage of Goods by Sea Case Management

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Parties

Cocoa SDN BHD

Claimant

Maersk Line A/S

Defendant

Procedural Posture

Commercial / Interlocutory Application for Specific Disclosure

Legal Issues

  1. 1 Whether the court should order specific disclosure of correspondence between the claimants and JLB Expertises under Practice Direction 57AD para.18 or general case management powers
  2. 2 Whether privilege attaches to the correspondence and if it has been waived

Ratio Decidendi

The application for specific disclosure is refused because the correspondence sought is privileged, privilege has not been waived as the material has not been deployed in evidence, and the requirements for varying the disclosure order under Practice Direction 57AD para.18 have not been met. The documents are not necessary for the just disposal of the proceedings nor are they relevant to the issues for disclosure.

Court Disposition

Application for specific disclosure refused

Orders

  • Application for specific disclosure of correspondence between claimants and JLB Expertises is refused