GENIUS SPORTS TECHNOLOGIES LIMITED & Ors v SOFT CONSTRUCT (MALTA) LIMITED & Ors

GENIUS SPORTS TECHNOLOGIES LIMITED & Ors v SOFT CONSTRUCT (MALTA) LIMITED & Ors

The court ordered a bespoke disclosure regime, departing from the standard model, due to the real risk that relevant documents would be missed under standard processes, the absence of oppression, and the need for proportionality. The regime focuses on excluding only unequivocally irrelevant and privileged documents, with robust protection for confidential material, and is justified by the court's jurisdiction to direct otherwise under CPR 31.5(1)(a).

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

Case Brief

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Parties

Genius Sports Technologies Limited and Others

Claimant

Soft Construct (Malta) Limited and Others

Defendant

Ninth Defendant

Defendant

Procedural Posture

Civil / Case Management Conference Ruling

Legal Issues

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

Ratio Decidendi

The court ordered a bespoke disclosure regime, departing from the standard model, due to the real risk that relevant documents would be missed under standard processes, the absence of oppression, and the need for proportionality. The regime focuses on excluding only unequivocally irrelevant and privileged documents, with robust protection for confidential material, and is justified by the court's jurisdiction to direct otherwise 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 an affidavit identifying custodians, repositories, collections, and date ranges for electronic search by 12 October 2022.
  • Receiving Parties to have 14 days to probe and discuss affidavit evidence.