Genius Sports Technologies Ltd & Ors v Soft Construct (Malta) Ltd & Ors [2022] EWHC 2637 (Ch) (19 October 2022)

Genius Sports Technologies Ltd & Ors v Soft Construct (Malta) Ltd & Ors [2022] EWHC 2637 (Ch) (19 October 2022)

The standard disclosure regime is inadequate for these proceedings due to the risk of missing relevant documents and disproportionate cost. A bespoke disclosure regime is ordered, focusing on electronic exclusion of unequivocally irrelevant and privileged material, with robust protection for confidential information, and auditable access controls. The court has jurisdiction to direct this regime under CPR 31.5(1)(a).

Citation
[2022] EWHC 2637 (Ch)
Parties
Claimant: Genius Sports Technologies Limited; Defendant: Soft Construct (Malta) Limited; Defendant: Ninth Defendant
Jurisdiction
England and Wales
Judgment Date
19 October 2022
Procedural Posture
Case Management Conference / Disclosure Regime Determination
Outcome
Bespoke disclosure regime ordered in place of standard CPR regime.
Legal Topics
Disclosure, Case Management, Confidentiality, Privilege, Electronic Documents
Competition Law Intellectual Property Law Civil Procedure Disclosure Case Management Confidentiality Privilege Electronic Documents

Case Brief

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Parties

Genius Sports Technologies Limited

Claimant

Soft Construct (Malta) Limited

Defendant

Ninth Defendant

Defendant

Procedural Posture

Case Management Conference / Disclosure Regime Determination

Legal Issues

  1. 1 Appropriate disclosure regime for competition and intellectual property claims
  2. 2 Jurisdiction to order bespoke disclosure regime
  3. 3 Protection of privileged and confidential material

Ratio Decidendi

The standard disclosure regime is inadequate for these proceedings due to the risk of missing relevant documents and disproportionate cost. A bespoke disclosure regime is ordered, focusing on electronic exclusion of unequivocally irrelevant and privileged material, with robust protection for confidential information, and auditable access controls. The court has jurisdiction to direct this regime under CPR 31.5(1)(a).

Court Disposition

Bespoke disclosure regime ordered in place of standard CPR regime.

Orders

  • Each Producing Party to file and serve affidavit identifying custodians, repositories, collections, and date ranges by 4:00pm on 12 October 2022.
  • Parties to probe and discuss affidavits within 14 days; unresolved issues to be referred to the court.