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 further disclosure were refused because the categories sought were either irrelevant, disproportionate, premature, or went only to credibility, which is not a usual ground for disclosure. The only exception was that the Claimant must file and serve a further witness statement identifying documents referred to in SET's witness statement paragraphs 5 and 7.

Citation
[2020] EWHC 458
Parties
Claimant: JKL; Defendant: VBN
Jurisdiction
England and Wales
Judgment Date
28 February 2020
Procedural Posture
Civil Misuse of Private Information / Interlocutory Application for Specific and Third Party Disclosure
Outcome
Defendant's applications for disclosure refused with one qualification.
Legal Topics
Misuse of Private Information, Blackmail, Disclosure, Third Party Disclosure, Credibility of Witnesses, Personal Injury Pleading Requirements
Civil Procedure Privacy Law Media Law Misuse of Private Information Blackmail Disclosure Third Party Disclosure Credibility of Witnesses +1 more

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Parties

JKL

Claimant

VBN

Defendant

Procedural Posture

Civil Misuse of Private Information / 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
  2. 2 Whether third party disclosure should be ordered against SET and XAM
  3. 3 Whether disclosure should be ordered for documents going to credibility

Ratio Decidendi

The Defendant's applications for further disclosure were refused because the categories sought were either irrelevant, disproportionate, premature, or went only to credibility, which is not a usual ground for disclosure. The only exception was that the Claimant must file and serve a further witness statement identifying documents referred to in SET's witness statement paragraphs 5 and 7.

Court Disposition

Defendant's applications for disclosure refused with one qualification.

Orders

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