England and Wales Case Law

Nix v Emerdata Ltd

Nix v Emerdata Ltd [2024] EWHC 125 (Comm) (04 January 2024)

There is clear evidence that Mr Nix failed to comply with disclosure obligations regarding electronic messages, and aggravating factors exist, including deletion and zero-filling of devices and misleading assurances. There is a real risk of concealment or destruction of relevant evidence. The imaging order sought is proportionate, with safeguards to protect irrelevant or privileged information. Therefore, an imaging order is justified and appropriate in these circumstances.

Source excerpt

• Disclosure obligations
• Imaging orders
• Preservation of evidence
• Electronic disclosure
• Interlocutory relief

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PATRICIA ANN LOCK v GUHENDRAN RAVI-SHANKAR

Interlocutory disclosure application in a civil claim, where the High Court ordered clarification of discrepancies about late-disclosed Facebook messages and disclosure advice.

• Disclosure obligations
• Documentary evidence
• Electronic disclosure
• Civil-procedure
• Disclosure
• Electronic-disclosure

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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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Lock v Ravi-Shankar

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

The High Court partly granted an interlocutory application over disclosure, finding the claimant’s explanations incomplete and ordering further clarification of the disclosure record.

• Disclosure obligations
• Electronic disclosure
• Witness statements
• Amendment of pleadings
• Civil-procedure
• Disclosure-obligations

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AAH Pharmaceuticals Ltd & Anor v Jhoots Healthcare Ltd & Anor

Interlocutory disclosure ruling under PD51U. The court held the parties must cooperate on keyword searches and disclosure parameters, and listed a further guidance hearing.

• Disclosure pilot scheme
• Electronic disclosure
• Cooperation in disclosure
• Variation of disclosure orders
• Disclosure-pilot-scheme
• Electronic-disclosure

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AAH Pharmaceuticals Ltd & Anor v Jhoots Healthcare Ltd & Anor

AAH Pharmaceuticals Ltd & Anor v Jhoots Healthcare Ltd & Anor [2020] EWHC 2524 (Comm) (23 September 2020)

The High Court refused to vary a disclosure order, holding that the parties must cooperate over electronic search terms and continue discussions under PD51U.

• Disclosure pilot scheme
• Electronic disclosure
• Cooperation in disclosure
• Variation of disclosure orders
• Electronic-disclosure
• Disclosure-pilot

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Agents' Mutual Ltd v Gascoigne Halman Ltd (t/a Gascoigne Halman) & Anor

Agents' Mutual Ltd v Gascoigne Halman Ltd (t/a Gascoigne Halman) & Anor [2019] EWHC 3104 (Ch) (22 November 2019)

The High Court dismissed Agents Mutual’s application for further and specific disclosure, finding the defendants’ search process reasonable and proportionate.

• Disclosure
• Extended disclosure
• Electronic disclosure
• Proportionality in disclosure
• Competition appeal tribunal procedure
• Extended-disclosure

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Agents' Mutual Ltd v Gascoigne Halman Ltd (t/a Gascoigne Halman) & Anor

The High Court dismissed an application for further disclosure, holding that the defendants’ electronic search process was reasonable and proportionate under the Disclosure Pilot.

• Disclosure
• Electronic disclosure
• Proportionality in disclosure
• Case management
• Electronic-disclosure
• Proportionality-in-disclosure

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AZT v The Home Office

AZT v The Home Office [2019] EWHC 4 (QB) (04 January 2019)

Disclosure application in linked false imprisonment claims. The court ordered indemnity costs and further disclosure steps, but refused a debarring order.

• Disclosure obligations
• False imprisonment
• Costs (indemnity basis)
• Debarring orders
• Case management
• Electronic disclosure

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PEL (UK) Ltd Orosi (UK) Ltd & Ors v Shaftesbury Plc

PEL (UK) Ltd Orosi (UK) Ltd & Ors v Shaftesbury Plc [2018] EWHC 1661 (Ch) (22 June 2018)

The High Court refused an application for pre-action disclosure arising from a disputed share placing, finding most requested document classes too wide and burdensome.

• Pre-action disclosure
• Fiduciary duties of directors
• Shareholder rights
• Improper purpose in share allotment
• Standard disclosure
• Electronic disclosure

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