McParland & Partners Ltd & Anor v Whitehead

McParland & Partners Ltd & Anor v Whitehead

The court held that Issues for Disclosure must be limited to those requiring further documentation for fair resolution, not all issues for trial. The selection of disclosure models must be proportionate and simplify the process. In this case, model C was appropriate for the business succession issue, and model D for breach and loss issues. Cooperation is essential, and the Disclosure Pilot must not be used for litigation advantage.

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
Civil Business/employment / Disclosure Guidance Hearing (pre Trial Interlocutory)
Outcome
Order approved as agreed at Disclosure Guidance Hearing; directions for Extended Disclosure models issued.
Legal Topics
Disclosure Pilot Scheme, Disclosure Guidance Hearing, Non Compete Clauses, Confidentiality Clauses, Breach of Contract, Loss of Business, Case Management
Civil Procedure Employment Law Commercial Law Disclosure Pilot Scheme Disclosure Guidance Hearing Non Compete Clauses Confidentiality Clauses Breach of Contract +2 more

Case Brief

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Parties

McParland & Partners Limited

Claimant

Fairstone Financial Management Limited

Claimant

Stuart William Whitehead

Defendant

Procedural Posture

Civil Business/employment / Disclosure Guidance Hearing (pre Trial Interlocutory)

Legal Issues

  1. 1 Appropriate identification of Issues for Disclosure under PD51U
  2. 2 Selection of Extended Disclosure Models for specific issues
  3. 3 Application of Disclosure Pilot to the case facts

Ratio Decidendi

The court held that Issues for Disclosure must be limited to those requiring further documentation for fair resolution, not all issues for trial. The selection of disclosure models must be proportionate and simplify the process. In this case, model C was appropriate for the business succession issue, and model D for breach and loss issues. Cooperation is essential, and the Disclosure Pilot must not be used for litigation advantage.

Court Disposition

Order approved as agreed at Disclosure Guidance Hearing; directions for Extended Disclosure models issued.

Orders

  • Model B disclosure for non-contentious issues (1, 3-4, 6-9, 12, 13)
  • Model C (request-led) disclosure for issue 2 (business succession)