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You are here: BAILII >> Databases >> England and Wales High Court (Commercial Court) Decisions >> Patisserie Holdings PLC & Ors v Grant Thornton UK LLP [2021] EWHC 3022 (Comm) (10 November 2021) URL: https://www.bailii.org/ew/cases/EWHC/Comm/2021/3022.html Cite as: [2021] EWHC 3022 (Comm), [2022] Bus LR 1, [2021] WLR(D) 573 |
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BUSINESS AND PROPERTY COURTS
OF ENGLAND AND WALES
QUEEN'S BENCH DIVISION
COMMERCIAL COURT
Fetter Lane, London, EC4A 1NL |
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B e f o r e :
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Claimants |
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- and - |
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Grant Thornton UK LLP |
Defendant |
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Simon Salzedo QC, James Brocklebank QC, Edward Harrison and Frederick Wilmot-Smith (instructed by Taylor Wessing LLP) for the Defendant
Hearing date: 10th November 2021
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Crown Copyright ©
The Honourable Mrs Justice Moulder DBE Wednesday, 10 November 2021
(2.05 pm)
Background
Chronology
Relevant provisions of the CPR
"In an appropriate case the court may, on application, and whether or not Initial Disclosure has been given, require a party to disclose documents to another party where that is necessary to enable the other party to understand the claim or defence they have to meet or to formulate a defence or a reply."
"The court may make an order for Extended Disclosure in stages."
"Except where these Rules provide otherwise, the court may—
…
(m) take any other step or make any other order for the purpose of managing the case and furthering the overriding objective, including hearing an Early Neutral Evaluation with the aim of helping the parties settle the case."
Claimants' submissions
Defendant's submissions
Discussion
Conclusion on Jurisdiction
Merits of the Application
"Given the huge volume of data in the joint liquidators' possession and their unfamiliarity with parts of it, it will no doubt be both a costly and time-consuming exercise for them to search for and find all relevant records relating to financial years 2006 to financial year 2013, whereas the information should be more readily available on GT's audit files."
Conclusion on the application