Various Claimants v MGN Ltd

Various Claimants v MGN Ltd

The court declined to remove or shorten the moratorium and stays, finding no significant benefit. The court maintained the 28-day period for early disclosure and the one-month stay after pleadings. The court ordered that all outstanding defences in the 85 claims must be served by 30 June 2022, supplementing but not replacing de-clustering provisions. The court revised the process for agreeing search terms and custodians, introducing a double default sanction but allowing for relief. The court declined to prospectively allow costs for more than two lawyers at accounting hearings, instead requiring certification in appropriate cases.

Parties
Claimant: Various Claimants; Defendant: MGN Limited
Jurisdiction
England and Wales
Judgment Date
03 February 2022
Procedural Posture
Civil Group Litigation / Case Management Conference Ruling
Outcome
Application to vary timetable largely refused; procedural adjustments ordered.
Legal Topics
Case Management, Disclosure, Limitation Act, Summary Judgment, Costs
Civil Procedure Media Law Case Management Disclosure Limitation Act Summary Judgment Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Various Claimants

Claimant

MGN Limited

Defendant

Procedural Posture

Civil Group Litigation / Case Management Conference Ruling

Legal Issues

  1. 1 Whether to vary the established case management timetable for the fourth wave of claims
  2. 2 Whether to remove or shorten the moratorium and stays in the pre-trial process
  3. 3 Whether to alter the process and sanctions for default in providing search terms and custodians for disclosure

Ratio Decidendi

The court declined to remove or shorten the moratorium and stays, finding no significant benefit. The court maintained the 28-day period for early disclosure and the one-month stay after pleadings. The court ordered that all outstanding defences in the 85 claims must be served by 30 June 2022, supplementing but not replacing de-clustering provisions. The court revised the process for agreeing search terms and custodians, introducing a double default sanction but allowing for relief. The court declined to prospectively allow costs for more than two lawyers at accounting hearings, instead requiring certification in appropriate cases.

Court Disposition

Application to vary timetable largely refused; procedural adjustments ordered.

Orders

  • All outstanding defences in the 85 claims to be served by 30 June 2022.
  • Revised process for agreeing search terms and custodians with double default sanction and right to apply for relief.