||All England Reporter
|| All ER (D) 178 (Aug)
||David Quest (instructed by Jones Day) for the claimant.
||Edward Sawyer (instructed by Withers LLP) for the defendants.
||31 August 2007
Disclosure and inspection of documents - Relevance of documents - Documents necessary for fair disposal of action - Specific disclosure - Whether claimant entitled to order sought.
Disclosure and inspection of documents Relevance of documents. In the instant case, where the claimant company had brought proceedings alleging that the defendants had conspired to fraudulently deal in its shares, and where the company sought, inter alia, an order for specific disclosure in relation to records pertaining to the defendants' share dealings, it was held that the documents in issue would be relevant to any account of profits that would be ordered were the company to succeed in its claim and that the defendants had failed to adduce any material demonstrating that the documents in issue were not, or never had been, within their control. Accordingly, the defendants were ordered to conduct searches for the relevant classes of documents.
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