Phaestos Ltd & Anor v Ho

Phaestos Ltd & Anor v Ho

Claimants breached the 'unless' order in relation to late production of disclosure statements, failure to provide inspection of model alfas, insufficient surveillance documents, restriction of IKOS financial performance documentation, and failure to disclose blog. Relief from sanctions is granted, subject to strict conditions including fresh disclosure statements, inspection of model alfas under confidentiality undertakings, further affidavits, and expanded financial disclosure.

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
Civil / Ruling on Disclosure Compliance and Relief From Sanctions
Outcome
Relief from sanctions granted; claims and defences preserved subject to compliance with further orders.
Legal Topics
Disclosure, Relief From Sanctions, Unless Orders, Electronic Disclosure, Confidentiality, Surveillance, Financial Documentation
Civil Procedure Disclosure Relief From Sanctions Unless Orders Electronic Disclosure Confidentiality Surveillance Financial Documentation

Case Brief

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Parties

Phaestos Limited

Claimant

Mindimaxnox LLP

Claimant

IKOS CIF Limited

Claimant

Peter Ho

Defendant

Tobin Maxwell Gover

Defendant

Procedural Posture

Civil / Ruling on Disclosure Compliance and Relief From Sanctions

Legal Issues

  1. 1 Whether the Claimants complied with the 'unless' order for disclosure
  2. 2 Whether breaches of the disclosure order were material
  3. 3 Whether relief from sanctions should be granted for non-compliance

Ratio Decidendi

Claimants breached the 'unless' order in relation to late production of disclosure statements, failure to provide inspection of model alfas, insufficient surveillance documents, restriction of IKOS financial performance documentation, and failure to disclose blog. Relief from sanctions is granted, subject to strict conditions including fresh disclosure statements, inspection of model alfas under confidentiality undertakings, further affidavits, and expanded financial disclosure.

Court Disposition

Relief from sanctions granted; claims and defences preserved subject to compliance with further orders.

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.