Various Claimants v MGN Ltd

Various Claimants v MGN Ltd

The expanded generic pleadings (POCFI), including Board knowledge and concealment allegations, are allowed subject to certain limitations and clarifications. The proportionality threshold for striking out is not met; the claims are not abusive or disproportionate in the context of group litigation. References to the Legal Department are not barred per se by privilege, as privilege protects communications, not the fact of knowledge, but the pleadings must be clarified to specify the basis of the allegations. The claimants are limited to their best five specific concealment instances after disclosure. The Milly Dowler example is excluded as disproportionate. Future claimants may not plead...

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 Group Litigation (privacy/unlawful Information Gathering) / Interlocutory Application (pleadings Amendment/strike Out)
Outcome
Application to strike out expanded generic pleadings and Board/Legal Department knowledge/concealment allegations dismissed (save as to specific limitations); permission to amend pleadings granted subject to conditions.
Legal Topics
Amendment of Pleadings, Aggravated Damages, Legal Professional Privilege, Proportionality, Disclosure, Limitation, Abuse of Process
Civil Procedure Media Law Privacy Law Amendment of Pleadings Aggravated Damages Legal Professional Privilege Proportionality Disclosure +2 more

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Parties

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

Claimant

MGN Ltd

Defendant

Procedural Posture

Civil Group Litigation (privacy/unlawful Information Gathering) / Interlocutory Application (pleadings Amendment/strike Out)

Legal Issues

  1. 1 Whether expanded generic pleadings (POCFI) and Board/Legal Department knowledge/concealment allegations should be allowed or struck out for disproportionality, privilege, or abuse of process.
  2. 2 Whether references to the Legal Department in pleadings are barred by legal professional privilege.
  3. 3 Whether the expanded generic case and Board knowledge/concealment claims are disproportionate or abusive.

Ratio Decidendi

The expanded generic pleadings (POCFI), including Board knowledge and concealment allegations, are allowed subject to certain limitations and clarifications. The proportionality threshold for striking out is not met; the claims are not abusive or disproportionate in the context of group litigation. References to the Legal Department are not barred per se by privilege, as privilege protects communications, not the fact of knowledge, but the pleadings must be clarified to specify the basis of the allegations. The claimants are limited to their best five specific concealment instances after disclosure. The Milly Dowler example is excluded as disproportionate. Future claimants may not plead...

Court Disposition

Application to strike out expanded generic pleadings and Board/Legal Department knowledge/concealment allegations dismissed (save as to specific limitations); permission to amend pleadings granted subject to conditions.

Orders

  • POCFI (Generic Particulars of Claim) allowed subject to clarification and exclusion of the Milly Dowler example.
  • Claimants limited to their best five specific concealment instances after disclosure; remainder not to be tried or pleaded.