Breezeway Overseas Ltd v UBS AG

Breezeway Overseas Ltd v UBS AG

The court ordered proportionate staged electronic discovery targeted at identified custodians and repositories using agreed and limited search terms; search results from a reasonable electronic search are prima facie relevant, subject to privilege review, and production may be in native format on finalised optical media with an abbreviated document list and inspection regime adjusted accordingly; backup tapes were not ordered absent special need.

Citation
[2012] SGHC 41
Parties
First Plaintiff: Breezeway Overseas Ltd; Second Plaintiff: Vasanmal Murli; First Defendant: UBS AG; Second Defendant: Susan Abraham; Third Defendant: Vikrant Kanyal; Fourth Defendant: UBS AG Hong Kong branch; Fifth Defendant: UBS AG Singapore branch
Court
General Division of the High Court
Jurisdiction
Singapore
Judgment Date
28 February 2012
Case Number
Suit No 114 of 2010 (consolidating Suit No 112 of 2010), Summons No 2443 of 2011
Procedural Posture
Civil Suit Interlocutory Discovery Summons / Interlocutory: Determination of Electronic Discovery Protocol and Disputed Search Terms
Outcome
Summons allowed in part: ordered staged electronic discovery with specified custodians, repositories and time-limits; specified search terms permitted with some restrictions; privilege review required; production in native electronic format on finalised optical disc; O 24 r 10 to apply; backup tapes not restored.
Legal Topics
Electronic Discovery, Staged Discovery, Search Terms, Reasonable Search, Privilege Review, Native Format Disclosure, Proportionality
Source Language
English
Civil Procedure Evidence Technology and E Discovery Banking Law Electronic Discovery Staged Discovery Search Terms Reasonable Search +3 more

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Parties

Breezeway Overseas Ltd

First Plaintiff

Vasanmal Murli

Second Plaintiff

UBS AG

First Defendant

Susan Abraham

Second Defendant

Vikrant Kanyal

Third Defendant

UBS AG Hong Kong branch

Fourth Defendant

UBS AG Singapore branch

Fifth Defendant

Procedural Posture

Civil Suit Interlocutory Discovery Summons / Interlocutory: Determination of Electronic Discovery Protocol and Disputed Search Terms

Legal Issues

  1. 1 Whether discovery should be conducted in stages using keyword searches and custodian-focused searches
  2. 2 What search terms are appropriate and how to craft and limit them
  3. 3 Proportionality of discovery to amounts at stake

Ratio Decidendi

The court ordered proportionate staged electronic discovery targeted at identified custodians and repositories using agreed and limited search terms; search results from a reasonable electronic search are prima facie relevant, subject to privilege review, and production may be in native format on finalised optical media with an abbreviated document list and inspection regime adjusted accordingly; backup tapes were not ordered absent special need.

Court Disposition

Summons allowed in part: ordered staged electronic discovery with specified custodians, repositories and time-limits; specified search terms permitted with some restrictions; privilege review required; production in native electronic format on finalised optical disc; O 24 r 10 to apply; backup tapes not restored.

Orders

  • Adopt electronic discovery protocol and conduct discovery in stages focused on identified custodians (Susan Abraham; Anandraj Jain; Vikrant Kanyal; Vikram Malhotra; Andreas Reber; Kurt Kumschick).
  • Conduct reasonable searches on specified repositories (email mailboxes and personal network profiles) and limited time periods: Feb and Aug 2008 for Abraham, Jain, Kumschick and Kanyal; Feb and Jun 2009 for all custodians.