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England and Wales decisions
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The Commercial Court dismissed a pre-action disclosure application arising from allegations of fraudulent misrepresentation and conspiracy over a failed Vice Group sale.
Nauer-Statham & Anor v Direct Line Group PLC [2024] EWHC 3280 (KB) (11 November 2024)
The High Court refused pre-action disclosure of a loss-adjusters’ report, holding that CPR 31.16 discretion was not justified and the claimants could progress without it.
The application for further disclosure is refused because HMRC has complied with its disclosure obligations under CPR 31.6 as modified by Namli and Smart Price, having disclosed all documents on which it relies and all documents adverse to its case. Requiring disclosure of all documents mentioning the appellant or his company would be disproportionate, irrelevant, and not required by law. The appellant will not suffer any disadvantage as all relevant material has already been disclosed.
Source excerpt
Holt v Allianz Insurance Plc [2023] EWHC 790 (KB) (04 April 2023)
High Court appeal about pre-action disclosure in a credit hire claim. The appeal was allowed because Allianz was not shown to be a likely party to later proceedings.
Appeal over pre-action disclosure in a credit hire claim. The High Court held Allianz was not shown to be likely to be a party, so the disclosure order was set aside.
Phones 4U LtD v EE Ltd & Ors [2020] EWHC 1921 (Ch) (17 July 2020)
Interlocutory competition-law disclosure ruling on custodians, hold notices, hit reports, unfiltered searches, and access to personal devices.
Zenith Insurance Plc v LPS Solicitors Ltd [2020] EWHC 1260 (QB) (19 May 2020)
The High Court dismissed Zenith Insurance’s bid for further pre-action disclosure and Norwich Pharmacal relief, finding the request insufficiently particularised and unsupported.
The High Court dismissed Zenith Insurance’s second application for further disclosure against LPS Solicitors, finding it inadequately justified and too speculative.
Zenith Insurance Plc v LPS Solicitors Ltd [2020] EWHC 1260 (QB) (19 May 2020)
The High Court dismissed Zenith Insurance’s second application for further disclosure against LPS Solicitors, finding no adequate basis under CPR 31.16 or Norwich Pharmacal.
Rahmatullah & Anor v Ministry of Defence & Anor [2019] EWHC 3849 (QB) (10 March 2020)
The High Court ordered disclosure of agency review summaries, the Operation Lydd report, and ISC closed reports in a detainee mistreatment and rendition claim.
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