Various Claimants v Standard Chartered PLC
It is not reasonable or proportionate to order Model E disclosure for IFDs 8, 10, and 11 at this stage; Model D disclosure is ordered with the possibility of targeted applications after initial disclosure. Inclusion of IFD11 in DRD is ordered as it is adequately pleaded. Extension of searches to 34 additional custodians is denied for now, but limited extension to two individuals is ordered, with further consideration possible at resumed hearing. Date range for disclosure is set at four months before custodians become PDMRs. Disclosure of employment contracts for alleged de facto directors is ordered, subject to redaction of irrelevant material.
- Parties
- Claimant: Various Claimants; Defendant: Standard Chartered PLC
- Jurisdiction
- England and Wales
- Judgment Date
- 15 April 2024
- Procedural Posture
- Civil / Disclosure Guidance Hearing
- Outcome
- Partial grant of disclosure applications; further hearing required for remaining issues.
- Legal Topics
- Disclosure, Group Litigation, Section 90 a FSMA, De Facto Directors, Employment Contracts
Case Brief
Summary, issues, holding and outcome
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Parties
Various Claimants
Claimant
Standard Chartered PLC
Defendant
Procedural Posture
Civil / Disclosure Guidance Hearing
Legal Issues
- 1 Whether new IFD11 should be included in the Disclosure Review Document (DRD)
- 2 Appropriate disclosure model for IFDs 8, 10, and 11
- 3 Whether searches should be extended to 34 additional custodians
Ratio Decidendi
It is not reasonable or proportionate to order Model E disclosure for IFDs 8, 10, and 11 at this stage; Model D disclosure is ordered with the possibility of targeted applications after initial disclosure. Inclusion of IFD11 in DRD is ordered as it is adequately pleaded. Extension of searches to 34 additional custodians is denied for now, but limited extension to two individuals is ordered, with further consideration possible at resumed hearing. Date range for disclosure is set at four months before custodians become PDMRs. Disclosure of employment contracts for alleged de facto directors is ordered, subject to redaction of irrelevant material.
Court Disposition
Partial grant of disclosure applications; further hearing required for remaining issues.
Orders
- IFD11 to be included in DRD Section 1.
- Model D disclosure ordered for IFDs 8, 10, and 11; Model E disclosure denied at this stage.
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