Phaestos Ltd & Anor v Ho [2012] EWHC 3159 (TCC) (24 August 2012)

Phaestos Ltd & Anor v Ho [2012] EWHC 3159 (TCC) (24 August 2012)

Material breaches of the 'unless' order occurred regarding late disclosure statement, model alfas, surveillance documents, financial performance documentation beyond 2008, and blog; however, relief from sanctions is granted, subject to strict conditions including fresh disclosure statements, inspection of model alfas under confidentiality undertakings, further affidavits, and expanded disclosure.

Citation
[2012] EWHC 3159 (TCC)
Parties
Claimant: Phaestos Limited; Claimant: Mindimaxnox LLP; Claimant: IKOS CIF Limited; Defendant: Peter Ho; Defendant: Tobin Maxwell Gover
Jurisdiction
England and Wales
Judgment Date
24 August 2012
Procedural Posture
Commercial Litigation Disclosure Dispute / Application for Relief From Sanctions Following Breach of 'unless' Order
Outcome
Relief from sanctions granted; claims and defences preserved subject to conditions.
Legal Topics
Disclosure, Relief From Sanctions, Unless Orders, Confidentiality, Electronic Documents
Civil Procedure Commercial Law Disclosure Relief From Sanctions Unless Orders Confidentiality Electronic Documents

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

Phaestos Limited

Claimant

Mindimaxnox LLP

Claimant

IKOS CIF Limited

Claimant

Peter Ho

Defendant

Tobin Maxwell Gover

Defendant

Procedural Posture

Commercial Litigation Disclosure Dispute / Application for Relief From Sanctions Following Breach of 'unless' Order

Legal Issues

  1. 1 Whether claimants breached the 'unless' order regarding disclosure
  2. 2 Whether relief from sanctions should be granted for breaches
  3. 3 Appropriate scope and method of disclosure and inspection

Ratio Decidendi

Material breaches of the 'unless' order occurred regarding late disclosure statement, model alfas, surveillance documents, financial performance documentation beyond 2008, and blog; however, relief from sanctions is granted, subject to strict conditions including fresh disclosure statements, inspection of model alfas under confidentiality undertakings, further affidavits, and expanded disclosure.

Court Disposition

Relief from sanctions granted; claims and defences preserved subject to conditions.

Orders

  • Claimants to provide fresh disclosure statements signed by officers of each entity.
  • Inspection of model alfas (Tranche 18) to be allowed at solicitors' offices, subject to undertakings not to copy or transmit.