An analysis of disclosure obligations in respect of custodians and agents (BES v Cheshire West)

CA 1638 – An analysis of disclosure obligations in respect of custodians and agents (BES v Cheshire West)

This case provides a useful reminder of the relevant issues relating to requests for further disclosure in a complex multi-party case. It remains the position that a parent company does not merely by virtue of being a 100% parent have control over a document of its subsidiaries.

Each instance will be judged on a case by case basis taking into account a number of factors and, while the absence of any genealogical corporate relationship between the parties may not be fatal for an application for disclosure, it is distinctly unhelpful.

It also reconfirms that an agent of a company involved in litigation will be required to ‘produce to the principal upon request, or to a proper person appointed by the principal, all books, correspondence and documents (including emails and other electronic material) under his control relating to the principal’s affairs’.

This article was first published by Lexis®PSL on 01/04/2020

Click on case name for full article

 

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