Various Claimants v MGN Ltd [2020] EWHC 553 (Ch) (10 March 2020)

Various Claimants v MGN Ltd [2020] EWHC 553 (Ch) (10 March 2020)

Expanded pleadings and generic case (POCFI) are allowed subject to proportionality and case management; claimants may adopt generic pleading but are limited to five specific instances of Board knowledge and concealment after disclosure; allegations against Legal Department are not struck out as privilege does not bar pleading knowledge, but privilege must be respected in evidence and disclosure.

Citation
[2020] EWHC 553 (Ch)
Parties
Claimant: Various Claimants (as listed in the 3rd Group Register); Defendant: MGN Ltd
Jurisdiction
England and Wales
Judgment Date
10 March 2020
Procedural Posture
Civil Litigation (privacy, Aggravated Damages, Procedural Strike Out) / Interlocutory Judgment on Strike Out and Amendment Applications
Outcome
Strike-out applications dismissed; permission to amend pleadings and adopt generic case granted with limitations.
Legal Topics
Aggravated Damages, Strike Out Applications, Pleading Amendments, Legal Professional Privilege, Case Management, Disclosure
Privacy Civil Procedure Damages Aggravated Damages Strike Out Applications Pleading Amendments Legal Professional Privilege Case Management +1 more

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Parties

Various Claimants (as listed in the 3rd Group Register)

Claimant

MGN Ltd

Defendant

Procedural Posture

Civil Litigation (privacy, Aggravated Damages, Procedural Strike Out) / Interlocutory Judgment on Strike Out and Amendment Applications

Legal Issues

  1. 1 Whether expanded pleadings and generic case (POCFI) should be allowed or struck out for disproportionality
  2. 2 Whether allegations against Legal Department are barred by privilege
  3. 3 Whether claimants can rely on new generic pleading for all cases

Ratio Decidendi

Expanded pleadings and generic case (POCFI) are allowed subject to proportionality and case management; claimants may adopt generic pleading but are limited to five specific instances of Board knowledge and concealment after disclosure; allegations against Legal Department are not struck out as privilege does not bar pleading knowledge, but privilege must be respected in evidence and disclosure.

Court Disposition

Strike-out applications dismissed; permission to amend pleadings and adopt generic case granted with limitations.

Orders

  • Claimants may rely on POCFI (generic pleading) subject to exclusion of Milly Dowler paragraph.
  • Claimants limited to five specific instances of Board knowledge and concealment after disclosure.