Fiesta Hotels and Resorts SL & Ors v Deutsche Bank AG & Anor

Fiesta Hotels and Resorts SL & Ors v Deutsche Bank AG & Anor

There was no arrangement or understanding conferring practical control over the Saranac Recordings to the claimants; voluntary cooperation does not equate to control. The class of Saranac Recordings includes documents not likely to support or adversely affect the case, failing CPR 31.17 threshold. Extensive searches have already been conducted, and further disclosure is not reasonable, proportionate, or necessary.

Parties
Claimant: Fiesta Hotels and Resorts SL; Claimant: Residencial Marina SL; Claimant: Residencial Es Vive SA; Claimant: Dominican Entertainment (Luxembourg) SARL; Respondent: Saranac Partners Limited; Defendant: Deutsche Bank AG; Defendant: Deutsche Bank AG, London Branch
Jurisdiction
England and Wales
Judgment Date
06 November 2024
Procedural Posture
Commercial Court Application / Ruling on Disclosure Applications
Outcome
applications refused
Legal Topics
Disclosure, Third Party Disclosure, Practical Control, Reasonable and Proportionate Disclosure
Civil Procedure Commercial Law Disclosure Third Party Disclosure Practical Control Reasonable and Proportionate Disclosure

Case Brief

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Parties

Fiesta Hotels and Resorts SL

Claimant

Residencial Marina SL

Claimant

Residencial Es Vive SA

Claimant

Dominican Entertainment (Luxembourg) SARL

Claimant

Saranac Partners Limited

Respondent

Deutsche Bank AG

Defendant

Deutsche Bank AG, London Branch

Defendant

Procedural Posture

Commercial Court Application / Ruling on Disclosure Applications

Legal Issues

  1. 1 Whether claimants have practical control over Saranac Recordings for purposes of further disclosure under Practice Direction 57AD
  2. 2 Whether third party disclosure should be ordered against Saranac Partners Limited under CPR 31.17

Ratio Decidendi

There was no arrangement or understanding conferring practical control over the Saranac Recordings to the claimants; voluntary cooperation does not equate to control. The class of Saranac Recordings includes documents not likely to support or adversely affect the case, failing CPR 31.17 threshold. Extensive searches have already been conducted, and further disclosure is not reasonable, proportionate, or necessary.

Court Disposition

applications refused

Orders

  • Application for Further Disclosure against claimants refused
  • Third Party Disclosure Application against Saranac Partners Limited refused