McParland & Partners Ltd & Anor v Whitehead [2020] EWHC 298 (Ch) (14 February 2020)

McParland & Partners Ltd & Anor v Whitehead [2020] EWHC 298 (Ch) (14 February 2020)

The court clarified that Issues for Disclosure must be limited to those requiring reference to contemporaneous documents, not all issues for trial. Disclosure models should be chosen to simplify and proportionately address the dispute, avoiding unnecessary complexity. Model C was appropriate for the commercial relationship issue due to voluminous but mostly irrelevant documentation, and Model D was appropriate for breach and loss issues due to mistrust and centrality to the dispute. Cooperation is imperative, and misuse of the Disclosure Pilot for litigation advantage will attract adverse costs.

Citation
[2020] EWHC 298 (Ch)
Parties
Claimant: McParland & Partners Limited; Claimant: Fairstone Financial Management Limited; Defendant: Stuart William Whitehead
Jurisdiction
England and Wales
Judgment Date
14 February 2020
Procedural Posture
Disclosure Guidance Hearing Under Practice Direction 51 U / Pre Case Management Conference, Guidance on Scope of Extended Disclosure
Outcome
Order approved reflecting agreed disclosure models for issues; guidance provided on proper identification of Issues for Disclosure and cooperation required.
Legal Topics
Disclosure Pilot, Extended Disclosure, Confidentiality Clauses, Non Compete Clauses, Contractual Breach
Civil Procedure Commercial Law Disclosure Pilot Extended Disclosure Confidentiality Clauses Non Compete Clauses Contractual Breach

Case Brief

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Parties

McParland & Partners Limited

Claimant

Fairstone Financial Management Limited

Claimant

Stuart William Whitehead

Defendant

Procedural Posture

Disclosure Guidance Hearing Under Practice Direction 51 U / Pre Case Management Conference, Guidance on Scope of Extended Disclosure

Legal Issues

  1. 1 Appropriate models for Extended Disclosure under PD51U
  2. 2 Identification of Issues for Disclosure versus Issues for Trial
  3. 3 Scope and proportionality of disclosure

Ratio Decidendi

The court clarified that Issues for Disclosure must be limited to those requiring reference to contemporaneous documents, not all issues for trial. Disclosure models should be chosen to simplify and proportionately address the dispute, avoiding unnecessary complexity. Model C was appropriate for the commercial relationship issue due to voluminous but mostly irrelevant documentation, and Model D was appropriate for breach and loss issues due to mistrust and centrality to the dispute. Cooperation is imperative, and misuse of the Disclosure Pilot for litigation advantage will attract adverse costs.

Court Disposition

Order approved reflecting agreed disclosure models for issues; guidance provided on proper identification of Issues for Disclosure and cooperation required.

Orders

  • Model B disclosure for non-contentious issues
  • Model C disclosure for issue concerning commercial relationship between claimants