England and Wales Case Law

Crane Bank Limited & Ors v DFCU Bank Limited & Ors

The court found that, where the parties had agreed to provide the requested customer files and related documents, no finding of breach was necessary. However, the selection of additional files must be objective and representative, not unilaterally determined by dfcu. The court ordered staged disclosure of the 40 requested customer files and 20 additional files, with deadlines and a process for resolving disputes. The court declined to order further witness statements or disclosure where the Claimants had not shown a possible failure to comply or where the information sought was already provid…

Source excerpt

• Disclosure
• Extended disclosure
• Document production
• Proportionality
• Case management

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Crane Bank Ltd & Ors v DFCU Bank Ltd & Ors

Crane Bank Ltd & Ors v DFCU Bank Ltd & Ors [2026] EWHC 522 (Comm) (09 March 2026)

Commercial Court disclosure ruling partly granted a request for further and varied disclosure, including 40 customer files and an additional 20 files, while refusing several ancillary witness-statement requests.

• Disclosure
• Extended disclosure
• Document production
• Proportionality in disclosure
• Banking transactions
• Valuation of non-performing loans

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Rana Al-Aggad v Talal Al-Aggad

The High Court refused to vary a disclosure review document to exclude disputed documents, but limited inspection to protect confidentiality.

• Disclosure review document
• Confidentiality
• Article 8 echr
• Case management
• Extended disclosure
• Civil-procedure

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Alta Trading UK Ltd (formerly known as Arcadia Petroleum Ltd) & Ors v Peter Miles Bosworth & Ors

The court found that the defendants had conducted a sufficiently thorough review of potentially relevant documents, including manual review of a substantial sample, and that no additional relevant material was found. There was no material change of circumstance to justify further disclosure, and the claimants had previously accepted the adequacy of the disclosure process.

Source excerpt

• Disclosure
• Extended disclosure
• Service providers
• Document review
• Technology assisted review (tar)

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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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Alta Trading UK Ltd & Ors v Bosworth & Ors (PTR Ruling Re Disclosure)

Alta Trading UK Ltd & Ors v Bosworth & Ors (PTR Ruling Re Disclosure) [2024] EWHC 574 (Comm) (12 March 2024)

The Commercial Court refused the claimants’ bid for further disclosure, holding the defendants’ disclosure search and review, including manual review of part of a 6,000-document set, was sufficient.

• Disclosure
• Document review
• Extended disclosure
• Service providers
• Electronic discovery
• Civil-procedure

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Mornington 2000 LLP (t/a Sterilab Services) & Anor v The Secretary of State for Health and Social Care

The Claimants have practical control over documents held by Bio and Boson that are responsive to the categories of disclosure ordered, due to contractual assistance clauses, past and ongoing cooperation, and the nature of the joint enterprise, satisfying the legal test for control under PD57AD and relevant case law.

Source excerpt

• Disclosure obligations
• Control of documents
• Extended disclosure
• Practice direction 57ad
• Contractual assistance clauses
• Procurement regulations

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The Public Institution for Social Security v Al-Wazzan & Ors

The Public Institution for Social Security v Al-Wazzan & Ors [2024] EWHC 480 (Comm) (05 March 2024)

Commercial Court decision on disclosure under PD 57AD, holding that PIFSS did not have practical control of the third-party documents sought and refusing most further disclosure applications.

• Disclosure
• Extended disclosure
• Control of documents
• Practice direction 57ad
• Third party documents
• Extended-disclosure

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Sandoz AG & Ors v Bayer Intellectual Property GmbH

Sandoz AG & Ors v Bayer Intellectual Property GmbH [2023] EWHC 3276 (Pat) (08 December 2023)

The Patents Court ordered Bayer to disclose ACS 2004 presentation slides about BAY 59-7939, holding the application was procedurally available and proportionate.

• Patent revocation
• Obviousness
• Disclosure of documents
• Extended disclosure
• Costs
• Patent-litigation

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Warner Music UK Ltd & Anor v TuneIn, Inc

Warner Music UK Ltd & Anor v TuneIn, Inc [2023] EWHC 2875 (Ch) (17 November 2023)

Disclosure ruling in a copyright damages inquiry arising from TuneIn’s infringement, addressing comparable licences, third-party documents, and proportionality under PD 57AD.

• Disclosure
• Damages inquiry
• Comparable licences
• Case management
• Extended disclosure
• Model c disclosure

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