White Winston Select Asset Funds LLC & Anor v Mahon & Anor [2019] EWHC 1014 (Ch) (23 January 2019)

White Winston Select Asset Funds LLC & Anor v Mahon & Anor [2019] EWHC 1014 (Ch) (23 January 2019)

The court has jurisdiction under its general case management powers to order specific disclosure, even under the Disclosure Pilot, and Mr Mahon must provide disclosure or confirm the absence of documents for the specified categories.

Citation
[2019] EWHC 1014 (Ch)
Parties
Claimant: White Winston Select Asset Funds LLC; Claimant: English Cut London Limited; Defendant: Thomas Michael Mahon; Defendant: S. Redmayne Limited
Jurisdiction
England and Wales
Judgment Date
23 January 2019
Procedural Posture
Pre Trial Review / Application for Specific Disclosure
Outcome
application granted
Legal Topics
Disclosure, Breach of Confidence, Fiduciary Duty
Civil Procedure Company Law Disclosure Breach of Confidence Fiduciary Duty

Case Brief

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Parties

White Winston Select Asset Funds LLC

Claimant

English Cut London Limited

Claimant

Thomas Michael Mahon

Defendant

S. Redmayne Limited

Defendant

Procedural Posture

Pre Trial Review / Application for Specific Disclosure

Legal Issues

  1. 1 whether the court has jurisdiction to order specific disclosure under the Disclosure Pilot
  2. 2 whether Mr Mahon failed to comply with standard disclosure obligations

Ratio Decidendi

The court has jurisdiction under its general case management powers to order specific disclosure, even under the Disclosure Pilot, and Mr Mahon must provide disclosure or confirm the absence of documents for the specified categories.

Court Disposition

application granted

Orders

  • order for specific disclosure in relation to categories of documents set out in Schedule 1 to the draft order
  • Mr Mahon to provide a witness statement identifying documents under his control, or confirming absence thereof, and explaining what happened to documents no longer under his control