Terre Neuve SARL & Ors v Yewdale Limited & Ors

Terre Neuve SARL & Ors v Yewdale Limited & Ors

The court found that while some of the Claimants’ requests for intrusive third-party review of personal devices and accounts were disproportionate, there were categories of business documents and archives (CDs, USBs, bank statements, and certain email accounts) for which further disclosure was justified. Orders were made requiring Yewdale and Mr El Maleh to confirm the existence and provide access to these materials, with compliance supported by statements of truth. Non-compliance would result in the Defendants being debarred from advancing a positive defence. The costs of the e-disclosure provider and independent lawyer are to be borne by the Claimants in the first instance, with final...

Parties
Claimant: Terre Neuve SARL; Claimant: Largely Investment SA; Claimant: Laurent Zahut; Defendant: Yewdale Limited; Defendant: Meyer El Maleh; Defendant: Sara Sasson; Defendant: Carole Sasson-El Maleh; Defendant: Robert Naggar
Jurisdiction
England and Wales
Judgment Date
27 March 2023
Procedural Posture
Commercial / Interlocutory Application for Disclosure Orders
Outcome
Application granted in part
Legal Topics
Disclosure, E Disclosure, Fraud, Illegality, Limitation, Unjust Enrichment
Civil Procedure Commercial Law Disclosure E Disclosure Fraud Illegality Limitation Unjust Enrichment

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Parties

Terre Neuve SARL

Claimant

Largely Investment SA

Claimant

Laurent Zahut

Claimant

Yewdale Limited

Defendant

Meyer El Maleh

Defendant

Sara Sasson

Defendant

Carole Sasson-El Maleh

Defendant

Robert Naggar

Defendant

Procedural Posture

Commercial / Interlocutory Application for Disclosure Orders

Legal Issues

  1. 1 Whether the Yewdale Defendants have complied with their disclosure obligations
  2. 2 Whether an intrusive order for third-party review of electronic devices and accounts is justified
  3. 3 Whether specific disclosure and 'unless' orders should be made against the Defendants

Ratio Decidendi

The court found that while some of the Claimants’ requests for intrusive third-party review of personal devices and accounts were disproportionate, there were categories of business documents and archives (CDs, USBs, bank statements, and certain email accounts) for which further disclosure was justified. Orders were made requiring Yewdale and Mr El Maleh to confirm the existence and provide access to these materials, with compliance supported by statements of truth. Non-compliance would result in the Defendants being debarred from advancing a positive defence. The costs of the e-disclosure provider and independent lawyer are to be borne by the Claimants in the first instance, with final...

Court Disposition

Application granted in part

Orders

  • Yewdale and Mr El Maleh to confirm and provide access to CDs and USBs containing the Yewdale and REDS archives, with compliance supported by statements of truth.
  • Yewdale to provide all bank statements and complete documents relating to its accounts directly to the Claimants.