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

The Defendants’ specific disclosure application initially sought disclosure orders to require further searches of the personal accounts and devices of Shane McCarthy (the First Claimant’s Chief Executive Officer) and Mark Scotter (its Chief Financial Officer).

The Defendants contended, in summary, that although these two recognised “custodians” in the disclosure process had searched their personal devices and accounts, they had omitted relevant repositories (such as certain further email addresses) and conducted searches for too narrow a date range (namely 1 July 2024 to 30 September 2024, for which there was no logic when longer date ranges had been used for their searches of their work emails).

Mr McCarthy and Mr Scotter both provided witness statements in response to the application dated 16 September 2025. These statements explained why the 1 July 2024 to 30 September 2024 search parameters had been used for searches of certain email addresses; provided further disclosure from other email accounts; and explained that other personal email accounts had not been used in relation to the issues in this case. Mr McCarthy confirmed that he would make one further email address available for searching, as well as his personal devices, so that his WhatsApp messages with a list of specified people could be searched. Mr Scotter confirmed that he had only used a work device to communicate by WhatsApp etc about this case, and this device had already been searched.

In light of this evidence, Mr Mansfield KC did not pursue the specific disclosure application in relation to these two custodians at the hearing.