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

By an application notice dated and sealed on 11 September 2025, the Defendants in these proceedings seek orders for (i) specific disclosure under CPR 31.12 against the Claimants; and (ii) non-party disclosure under CPR 31.17 against three individuals and the private equity firm, NorthEdge Capital LLP (“NEC”), in which they are partners (“the NEC Respondents”). The three individuals are Andrew Skinner, Keven Parker and Michael Joseph (“the NEC Custodians”). The application was supported by a witness statement from David Samuels, the Defendants’ solicitor, dated 11 September 2025 (“Samuels 1”).

The Claimants and NEC Respondents both resisted the application. The Claimants responded to the application with witness statements from Shane McCarthy (the First Claimant’s Chief Executive Officer), Mark Scotter (its Chief Financial Officer) and Gareth Jones, their solicitor (respectively, “McCarthy 1”, “Scotter 1” and “Jones 1”) dated 16 September 2025. The NEC Respondents served a witness statement from Rebecca Birkby, their solicitor, dated 17 September 2025 (“Birkby 1”).

The expedited trial of the issues in respect of liability and injunctive relief on this claim, with a time estimate of 5 days, is due to start on or around 20 October 2025. Accordingly, the application was listed for hearing on 18 September 2025 in the King’s Bench Division Interim Applications List during the Long Vacation. I was greatly assisted by the written and oral submissions of all three counsel.

Given the complexity of the submissions and the pressure on the court list on 18 September 2025, it was necessary to reserve judgment on the application. It is being handed down as soon as the commitments of the court and counsel permitted.