Phaestos Ltd & Anor v Ho

Phaestos Ltd & Anor v Ho

The claimants' application for further time to agree electronic disclosure protocol is refused as they have had ample opportunity, change of solicitors is not a valid reason for delay, and further postponement would risk the trial timetable. The court orders electronic disclosure as agreed, with specific requirements for witness statements regarding custodians and servers. Costs of the claimants' application are to be borne by the claimants on an indemnity basis.

Parties
Claimant: Phaestos Limited; Claimant: Mindimaxnox LLP; Defendant: Peter Ho
Jurisdiction
England and Wales
Judgment Date
16 March 2012
Procedural Posture
Case Management Hearing / Ruling on Electronic Disclosure and Costs
Outcome
Claimants' application for further time refused; electronic disclosure orders made; costs awarded against claimants on indemnity basis.
Legal Topics
Electronic Disclosure, Case Management, Costs, Change of Solicitors
Civil Procedure Electronic Disclosure Case Management Costs Change of Solicitors

Case Brief

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Parties

Phaestos Limited

Claimant

Mindimaxnox LLP

Claimant

Peter Ho

Defendant

Procedural Posture

Case Management Hearing / Ruling on Electronic Disclosure and Costs

Legal Issues

  1. 1 Whether further time should be granted for agreement on electronic disclosure protocol
  2. 2 Whether claimants' change of solicitors justifies delay
  3. 3 Scope and obligations of electronic disclosure

Ratio Decidendi

The claimants' application for further time to agree electronic disclosure protocol is refused as they have had ample opportunity, change of solicitors is not a valid reason for delay, and further postponement would risk the trial timetable. The court orders electronic disclosure as agreed, with specific requirements for witness statements regarding custodians and servers. Costs of the claimants' application are to be borne by the claimants on an indemnity basis.

Court Disposition

Claimants' application for further time refused; electronic disclosure orders made; costs awarded against claimants on indemnity basis.

Orders

  • Electronic disclosure to proceed as agreed between parties.
  • Claimants to file and serve witness statement from Ms Ambrosiadou (EA) by midday 26 March 2012 explaining any inability to disclose relevant emails.