KB-2025-001228 - [2025] EWHC 2506 (KB)

Accordingly, the only category of documents which Mr Mansfield KC advanced at the hearing related to material held by the NEC Custodians. The Claimants had made clear in correspondence that they refused to include the NEC Custodians as custodians for standard disclosure because (i) the NEC Custodians’ emails are not in the Claimants’ possession or control; and (ii) disclosure from these custodians is neither necessary nor proportionate, as any relevant documents are likely to have been sent to other custodians.

The specific groups of documents sought in the specific disclosure application were listed in Schedule 1 to the draft order appended to the application notice, save that Mr Mansfield KC modified this during the hearing by withdrawing the application in respect of those documents listed at paragraph 2.b of the draft order. The same groups of documents were sought in the alternative via the non-party disclosure application. These were listed in Schedule 2 to the draft order.

The Defendants also sought disclosure of the NEC Custodians’ personal devices.