KB-2022-003316 - [2025] EWHC 1716 (KB)
Fecha: 11-Jul-2025
D: Matters to be resolved at the Second CMC
D: Matters to be resolved at the Second CMC
The First CMC Order required the parties to issue any applications to be dealt with at the Second CMC by 28 April 2025. The parties have made a significant number of Applications, largely by this deadline.
The Claimants’ Application Notice (supported by the 8th Witness Statement of Callum Galbraith) sought orders requiring Associated:
to remove all redactions based on irrelevance and provide to the Claimants copies of the unredacted documents (“the Unredaction Application”);
to conduct a reasonable search of its electronic disclosure platform for the names “Gavin Rhodes” and “G Rhodes”, which were names used by Gavin Burrows (“the Burrows Application”);
to disclose to the Claimants records of all telephone calls (and, where available, text messages or other such communications) made or received from Associated’s telephony systems (including journalists’ work mobile phones) that connect to any of the telephone numbers or devices used by the TPIs, including landline telephone numbers and mobile telephone accounts from 2011 to 2018, save where disclosure has already been given (“the Phone Data Application”);
(i) to provide to the Claimants with a written explanation identifying the proceedings in which Katie Nicholl (one of the Pleaded Journalists) made a witness statement dated 13 June 2014 regarding the origins of a Mail on Sunday article and the exhibit to Ms Nicholl’s witness statement; and (ii) to conduct a reasonable search of call data and financial records relating to Lee Harpin and provide copies of those that meet the test for standard disclosure for the period 1998 to 2018 (“the Katie Nicholl/Lee Harpin Applications”);
to conduct a reasonable search for documents using various search terms related to Commercial & Legal Services and the name “Scott” (“the C&LS Application”);
to provide an Amended List of Documents which states, for each of the specified documents, (i) in relation to physical items: the archive facility, box-reference, file title, bundle code, or other reference; (ii) in relation to electronic items: the custodian, mailbox or shared drive, folder path, original filename, or other reference; and (iii) the name of the system or repository from which the document was collected or otherwise obtained (“the Disclosure Information Application”);
to provide one or more witness statements from an appropriate officer of Associated, addressing in detail Associated’s systems and practices for storage, retention, and destruction of documents relevant to these claims (specific information is identified) (“the Data Storage Information Application”);
to undertake further reasonable searches of the email accounts and other electronic document files and hardcopy files insofar as available of specified custodians for the period 1998 to 2018; 2011 to 2012 and 1 January 2011 to 7 August 2011, and provide copies of documents identified (“Further Custodians Search Application”); and
to undertake reasonable searches for records of all payments and/or ledger cards to specified individuals and companies and/or their aliases from 1993 to 2018, and disclose to the Claimants those records and/or ledger cards that meet the test for disclosure on a train of inquiry basis (“the Train of Inquiry Application”).
Associated’s Application Notices sought orders:
for third-party disclosure against the Metropolitan Police and the Information Commissioner (“the Third-Party Disclosure Applications”);
for various specific disclosure orders against each Claimants (the terms of the order sought by Associated against the Claimants is set out in Annex 1 to this judgment) (“Associated’s Specific Disclosure Application”); and
for permission to amend the Defences in relation to the Ward burglary allegation (“the Amendment Application”).
A separate Application Notice was issued by Sir Simon Hughes, on 29 April 2025, seeking further disclosure from Associated (“Sir Simon Hughes’ Application”). The evidence in support is contained in the Application Notice. Associated have responded to it in Ms Richmond’s 11th Witness Statement.
In breach of the First CMC Order, the Claimants failed to provide any draft Amended Particulars of Claim, whether by the deadline of 17 April 2025 or at all. The Defendant’s solicitors, in a letter dated 16 April 2025, made the point that the dispute over redactions “are not a valid reason for the Claimants to delay circulating any proposed draft Amendment to the Particulars of Claim” in compliance with the First CMC Orderand that they would oppose any application by the Claimants for an extension of time. Despite this, the Claimants made no application seeking either an extension of time or relief from sanction. They have unilaterally decided not to comply the requirement in the First CMC Order to provide draft amendments to their Particulars of Claim. I will return to this below ([273]-[274]).
- Heading
- This judgment is divided into the following sections
- A: Litigation history
- B: Issues in the litigation
- C: Disclosure
- D: Matters to be resolved at the Second CMC
- E: Resolution of the Applications
- F: Summary and next steps
- ANNEX 1: The terms of the specific disclosure order sought by Associated against the Claimants
- The Second, Third, Fourth, Sixth and Seventh Claimants shall
- The Fifth Claimant shall
- Inducement Disclosure Orders Each of the Claimants shall
- The Fifth Claimant shall
- The Seventh Claimant shall
- Conclusions