KB-2022-003316 - [2025] EWHC 2930 (KB)

This is the second judgment of the Court following the third substantial Case Management Hearing in this litigation on 1-2 October 2025. The first judgment, handed down on 10 October 2025 ([2025] EWHC 2573 (KB)), resolved applications by the parties for permission to amend, and to strike out, parts of the Particulars of Claim (and Replies).

This judgment deals with the position of documents held by the Claimants’ “Research Team” (referred to as the Research Team – see further [3]-[7] and [12]-[13] below), and whether they are in the Claimants’ control for the purposes of the Claimants’ disclosure obligations. The issue has come into sharp focus following the Case Management Hearing on 6-7 May 2025 (“the Second CMH”), when the Court made an order requiring the Claimants to disclose documents held by the Research Team that fell within standard disclosure. Associated’s position is that the Claimants have failed to comply with that order, and it seeks an unless order to require full compliance by the Claimants.