JKL v VBN
The Defendant's applications for disclosure were refused because the categories sought were either irrelevant, excessive, premature, or not supported by compelling evidence. Disclosure for credibility was not justified, and procedural requirements for laptop searches and medical evidence were not met. Only a limited order was made for further witness statements to clarify documents referred to in SET's statement.
- Parties
- Claimant: JKL; Defendant: VBN
- Jurisdiction
- England and Wales
- Judgment Date
- 28 February 2020
- Procedural Posture
- Civil / Interlocutory Application for Specific and Third Party Disclosure
- Outcome
- Defendant's applications for disclosure refused with one qualification.
- Legal Topics
- Misuse of Private Information, Disclosure, Blackmail, Personal Injury, Third Party Disclosure
Case Brief
Summary, issues, holding and outcome
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Parties
JKL
Claimant
VBN
Defendant
Procedural Posture
Civil / Interlocutory Application for Specific and Third Party Disclosure
Legal Issues
- 1 Whether the Defendant is entitled to specific disclosure of documents from the Claimant
- 2 Whether third party disclosure should be ordered against SET and XAM
- 3 Whether medical records and financial documents should be disclosed
Ratio Decidendi
The Defendant's applications for disclosure were refused because the categories sought were either irrelevant, excessive, premature, or not supported by compelling evidence. Disclosure for credibility was not justified, and procedural requirements for laptop searches and medical evidence were not met. Only a limited order was made for further witness statements to clarify documents referred to in SET's 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.
Full Case Text
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