Gardner Aerospace Holdings Ltd & Anor v Upton [2025] EWHC 2627 (Ch) (17 October 2025)

Gardner Aerospace Holdings Ltd & Anor v Upton [2025] EWHC 2627 (Ch) (17 October 2025)

Third party disclosure was ordered for Categories 1 and 4 (records of meetings and correspondence with MPs) as they were relevant, necessary, and not objected to by the government or defendant. Disclosure was refused for Category 3 (internal government assessments) because the material was inherently sensitive, disclosure would likely be injurious to the public interest (national security and international relations), and judicial deference to the executive's assessment was appropriate. Redacted or gist disclosure was also refused as it would not meet the necessity or fairness requirements and risked unfairness in the proceedings.

Citation
[2025] EWHC 2627 (Ch)
Parties
Claimant/applicant: Gardner Aerospace Holdings Limited; Claimant/applicant: Gardner Group Limited; Defendant: Mr Antony John Upton; Respondent: Department for Business and Trade; Respondent: Cabinet Office (Investment Security Unit); Respondent: Ministry of Defence
Jurisdiction
England and Wales
Judgment Date
17 October 2025
Procedural Posture
Third Party Disclosure Application (cpr Part 31.17) in Civil Proceedings / Interlocutory Application Before Trial
Outcome
Application granted in part and refused in part.
Legal Topics
Third Party Disclosure, Public Interest Immunity, National Security and Investment Act 2021, Causation in Civil Claims, Judicial Deference to Executive on National Security
Civil Procedure National Security Law Company Law Third Party Disclosure Public Interest Immunity National Security and Investment Act 2021 Causation in Civil Claims Judicial Deference to Executive on National Security

Case Brief

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Parties

Gardner Aerospace Holdings Limited

Claimant/applicant

Gardner Group Limited

Claimant/applicant

Mr Antony John Upton

Defendant

Department for Business and Trade

Respondent

Cabinet Office (Investment Security Unit)

Respondent

Ministry of Defence

Respondent

Procedural Posture

Third Party Disclosure Application (cpr Part 31.17) in Civil Proceedings / Interlocutory Application Before Trial

Legal Issues

  1. 1 Whether third party disclosure should be ordered against government departments under CPR Part 31.17
  2. 2 Whether disclosure of sensitive national security documents would be injurious to the public interest under s.35(1) Senior Courts Act 1981
  3. 3 Whether redacted or gist disclosure is appropriate in the context of third party disclosure

Ratio Decidendi

Third party disclosure was ordered for Categories 1 and 4 (records of meetings and correspondence with MPs) as they were relevant, necessary, and not objected to by the government or defendant. Disclosure was refused for Category 3 (internal government assessments) because the material was inherently sensitive, disclosure would likely be injurious to the public interest (national security and international relations), and judicial deference to the executive's assessment was appropriate. Redacted or gist disclosure was also refused as it would not meet the necessity or fairness requirements and risked unfairness in the proceedings.

Court Disposition

Application granted in part and refused in part.

Orders

  • Order for third party disclosure of Categories 1 and 4 (records of meetings between Mr Upton and government officials; correspondence between specified MPs and government) to Claimants.
  • No order for Category 2 (emails) as no further documents existed.