England and Wales Case Law

Noel Anthony Clarke v Guardian News and Media Limited

The claimant failed to prove, on the balance of probabilities and with cogent evidence, that the defendant's employees intended to pervert the course of justice by deleting documents prior to litigation being reasonably contemplated; no fabrication of evidence occurred, and the limited deletion did not render a fair trial impossible.

Source excerpt

• Strike out application
• Document preservation
• Perversion of the course of justice
• Disclosure
• Litigation hold
• Fair trial

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Clarke v Guardian News and Media Ltd

Clarke v Guardian News and Media Ltd [2025] EWHC 222 (KB) (05 February 2025)

The High Court refused to strike out Guardian’s defence in Noel Clarke’s defamation and data protection claim, holding pre-action deletions did not justify that remedy.

• Strike out applications
• Document preservation
• Litigation privilege
• Public interest defence
• Perversion of the course of justice
• Defamation

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Phones 4U Limited (In Administration) v EE Limited & Ors

The Court found that none of the defendants engaged in anti-competitive collusion or concerted practices in breach of competition law; all decisions to withdraw from Phones 4U were taken independently and were commercially rational in the context of market developments, particularly the Dixons/CPW merger. The evidence did not support any unlawful exchange of confidential information or commitments between the MNOs. EE did not breach its contract with Phones 4U, as its decision not to renew was taken in accordance with its commercial interests and not in bad faith. Parent company liability and…

Source excerpt

• Concerted practices
• Anti-competitive agreements
• Breach of contract
• Implied duty of good faith
• Economic torts
• Parent company liability

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Eurasian Natural Resources Corporation Limited v The Director of the Serious Fraud Office & Ors

The SFO's disclosure in relation to certain mobile devices was too broad and lacked sufficient precision regarding classes of documents lost; a more precise explanation is required, but not in the form of a formal witness statement. Requests for further particulars, forensic imaging, and expanded disclosure were disproportionate, overbroad, or unnecessary under the Practice Direction. The SFO must provide more precise explanations for certain custodians' devices but is not required to comply with the full scope of ENRC's applications.

Source excerpt

• Disclosure obligations
• Document preservation
• Forensic review
• Witness statements
• Adverse inferences

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Eurasian Natural Resources Corporation Ltd v Director of the Serious Fraud Office & Ors

Eurasian Natural Resources Corporation Ltd v Director of the Serious Fraud Office & Ors [2024] EWHC 1244 (Comm) (25 April 2024)

The Commercial Court partly granted ENRC’s disclosure application, requiring limited further explanation and searches, but refused most broader requests as disproportionate.

• Extended disclosure
• Document preservation
• Mobile device data
• Disclosure obligations
• Witness statements
• Extended-disclosure

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Bell v Commissioner of Police of the Metropolis

Bell v Commissioner of Police of the Metropolis [2024] EWHC 379 (KB) (21 February 2024)

The High Court held that police breached Article 8 and were negligent after returning a child’s passport to the mother, failing to warn the father, and not using protective measures.

• Article 8 echr (right to family life)
• Negligence
• Police duties
• Child abduction
• Vicarious liability
• Document preservation

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Phones 4U Ltd v EE Ltd & Ors (Re Interest and Permission to Appeal)

Phones 4U Ltd v EE Ltd & Ors (Re Interest and Permission to Appeal) [2023] EWHC 3378 (Ch) (12 January 2024)

The High Court refused Phones 4U permission to appeal and set euro-cost interest rates at MRO plus 1.5% before judgment and 2.5% after judgment.

• Concerted practice
• Interest on costs
• Permission to appeal
• Bad faith
• Document preservation
• Evidential presumptions

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Phones 4U Ltd v EE Ltd & Ors

Phones 4U Ltd v EE Ltd & Ors [2023] EWHC 2826 (Ch) (10 November 2023)

The High Court rejected claims that mobile operators colluded over Phones 4U’s exit and that EE breached contract. It also declined adverse inferences from missing material.

• Anti-competitive collusion
• Breach of contract
• Economic torts
• Document preservation
• Eu and uk competition law
• Concerted practices

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Lock v Ravi-Shankar

Lock v Ravi-Shankar [2021] EWHC 3247 (QB) (08 November 2021)

The High Court ordered clarification of deficient disclosure after previously undisclosed Facebook messages emerged, revealing inconsistencies in the claimant's disclosure process.

• Disclosure obligations
• Electronic disclosure
• Witness statements
• Document preservation
• Civil-procedure
• Disclosure

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Phones 4U LtD v EE Ltd & Ors

Disclosure ruling in a stand-alone competition claim by Phones 4U against mobile network defendants, addressing custodians, hold notices, hit reports, personal devices and proportionality.

• Disclosure
• Anticompetitive agreements
• Document preservation
• Custodian selection
• Proportionality in disclosure
• Personal data in litigation

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