JKL v VBN [2020] EWHC 458 (QB) (28 February 2020)

JKL v VBN [2020] EWHC 458 (QB) (28 February 2020)

The Defendant's applications for specific and third party disclosure were refused because the requests were either directed solely at credibility (which does not justify disclosure except in exceptional cases), were disproportionate or premature, or lacked sufficient evidence that the documents sought were within the Claimant's control. The only exception was the requirement for the Claimant to file and serve further witness statements clarifying documents referred to in SET's witness statement.

Citation
[2020] EWHC 458 (QB)
Parties
Claimant: JKL; Defendant: VBN
Jurisdiction
England and Wales
Judgment Date
28 February 2020
Procedural Posture
Misuse of Private Information Claim With Counterclaim for Sexual Assault/rape and Damages / Interlocutory Application for Specific and Third Party Disclosure
Outcome
Defendant's applications for disclosure refused with one qualification.
Legal Topics
Disclosure, Misuse of Private Information, Blackmail, Sexual Assault, Counterclaim, Third Party Disclosure, Credibility of Witnesses
Civil Procedure Privacy Law Media Law Disclosure Misuse of Private Information Blackmail Sexual Assault Counterclaim +2 more

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Parties

JKL

Claimant

VBN

Defendant

Procedural Posture

Misuse of Private Information Claim With Counterclaim for Sexual Assault/rape and Damages / Interlocutory Application for Specific and Third Party Disclosure

Legal Issues

  1. 1 Whether the Defendant is entitled to specific disclosure of documents from the Claimant relating to communications, professional and financial connections, medical records, metadata, and laptop searches; whether third party disclosure should be ordered against witnesses SET and XAM.

Ratio Decidendi

The Defendant's applications for specific and third party disclosure were refused because the requests were either directed solely at credibility (which does not justify disclosure except in exceptional cases), were disproportionate or premature, or lacked sufficient evidence that the documents sought were within the Claimant's control. The only exception was the requirement for the Claimant to file and serve further witness statements clarifying documents referred to in SET's witness statement.

Court Disposition

Defendant's applications for disclosure refused with one qualification.

Orders

  • Claimant must file and serve further witness statements exhibiting documents referred to in SET's witness statement paragraphs 5 and 7.