UTB LLC v Sheffield United Ltd & Ors [2019] EWHC 914 (Ch) (09 April 2019)

UTB LLC v Sheffield United Ltd & Ors [2019] EWHC 914 (Ch) (09 April 2019)

PD51U applies to all proceedings in the Business and Property Courts regardless of prior disclosure orders; permission to amend pleadings is granted only where amendments are relevant and do not introduce new issues late; legal professional privilege is limited to communications for legal advice or litigation, not business or executive functions; disclosure applications must be reasonable, proportionate, and focused on real issues.

Citation
[2019] EWHC 914 (Ch)
Parties
Claimant/respondent: UTB LLC; Defendant/petitioner/applicant: Sheffield United Limited; Third Party/respondent: HRH Prince Abdullah Bin Mosaad Bin Abuldaziz Al Saud; Fourth Party/respondent: Yusuf Giansiracusa; Respondent: UTB 2018 LLC; Respondent: HRH Prince Musa'ad Bin Khalid M Bin Abdulrahman Al Saud; Respondent: Blades Leisure Limited
Jurisdiction
England and Wales
Judgment Date
09 April 2019
Procedural Posture
Business and Property Courts Section 994 Companies Act Petition and Commercial Claim / Pre Trial Review; Applications for Disclosure and Permission to Amend Pleadings
Outcome
Application for disclosure to be dealt with under PD51U; permission to amend pleadings granted in part; privilege claims upheld in part; remaining amendments and disclosure requests refused.
Legal Topics
Disclosure Pilot (pd51 U), Legal Professional Privilege, Permission to Amend Pleadings, Unfair Prejudice, Shareholder Disputes, Specific Performance, Conspiracy, Corporate Governance
Company Law Civil Procedure Commercial Law Disclosure Pilot (pd51 U) Legal Professional Privilege Permission to Amend Pleadings Unfair Prejudice Shareholder Disputes +3 more

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Parties

UTB LLC

Claimant/respondent

Sheffield United Limited

Defendant/petitioner/applicant

HRH Prince Abdullah Bin Mosaad Bin Abuldaziz Al Saud

Third Party/respondent

Yusuf Giansiracusa

Fourth Party/respondent

UTB 2018 LLC

Respondent

HRH Prince Musa'ad Bin Khalid M Bin Abdulrahman Al Saud

Respondent

Blades Leisure Limited

Respondent

Procedural Posture

Business and Property Courts Section 994 Companies Act Petition and Commercial Claim / Pre Trial Review; Applications for Disclosure and Permission to Amend Pleadings

Legal Issues

  1. 1 Applicability of PD51U Disclosure Pilot to proceedings with prior disclosure orders
  2. 2 Permission to amend pleadings at late stage
  3. 3 Scope and validity of legal professional privilege claims over documents

Ratio Decidendi

PD51U applies to all proceedings in the Business and Property Courts regardless of prior disclosure orders; permission to amend pleadings is granted only where amendments are relevant and do not introduce new issues late; legal professional privilege is limited to communications for legal advice or litigation, not business or executive functions; disclosure applications must be reasonable, proportionate, and focused on real issues.

Court Disposition

Application for disclosure to be dealt with under PD51U; permission to amend pleadings granted in part; privilege claims upheld in part; remaining amendments and disclosure requests refused.

Orders

  • Application for disclosure to proceed under PD51U.
  • Permission granted for SUL to amend non-admission to denial in Defence and Counterclaim.