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England and Wales decisions
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The High Court partly granted specific disclosure in a fraud claim over a settled personal injury case, finding a prima facie case of iniquity and some waivers of privilege.
UK Insurance Ltd v Hassankhail [2026] EWHC 1020 (KB) (01 May 2026)
The High Court ordered substantial specific disclosure in a fraud challenge to a prior settlement, applying the iniquity exception and privilege waiver principles.
Lawless v Secretary of State for Business and Trade & Ors [2026] EWHC 48 (Ch) (14 January 2026)
The High Court dismissed an application for specific and non-party disclosure in CDDA proceedings, holding the requested correspondence was not relevant to the defence issue.
Disclosure of Category 1 documents concerning the July 2023 amendments to HMRC’s guidance is necessary for the fair determination of the appeal, particularly regarding legitimate expectation and best judgment. Category 2 disclosure is refused as the relevant evidence has already been disclosed, and the wider request is disproportionate and amounts to a fishing expedition.
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Friend Media Technology Systems Ltd & Anor v Friend & Anor [2025] EWHC 2506 (KB) (01 October 2025)
The High Court dismissed applications for specific and non-party disclosure, finding the requested materials were not shown to be necessary, proportionate, or sufficiently relevant.
Lime Technology Ltd v Liverpool City Council (Re Costs) [2025] EWHC 2037 (TCC) (31 July 2025)
The High Court declined to summarily assess costs for a confidentiality ring and specific disclosure application, ordering detailed assessment and £100,000 on account.
The High Court declined to summarily assess costs for two applications, ordering assessment by a costs judge and a £100,000 payment on account.
Knowledge of the court order is not a threshold issue for contempt; threshold issues are service and breach. Waiver of privilege and disclosure of legal advice should only occur at sentencing stage if breach is established. The judge's case management decision to defer disclosure was within discretion and legal principle.
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The application for specific disclosure was refused because AM1's claim was inchoate, speculative, and lacked particularity, amounting to a fishing expedition. Disclosure was not relevant or proportionate to the summary nature of insolvency proceedings, and the dispute could be justly disposed of without such disclosure.
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AM1 Consulting Ltd v SS Technology Consultancy Ltd [2024] EWHC 3112 (Ch) (29 November 2024)
The High Court refused specific disclosure in insolvency proceedings, finding the request was a speculative fishing expedition and unnecessary for a summary dispute over a winding up petition.
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