King's / Queen's Bench Division of the High Court

KF 2024 010445 - [2025] EWHC 1584 (KB)

Fecha: 01-Jul-2025

The Letter of Request

The Letter of Request

11.

The Applicant’s request for the issue of the Letter of Request was made on 10 June 2024 and was supported by the Declaration of Kubilay Topal and associated exhibits. The US Dealerships filed their response in opposition to the request on 21 June 2024. The Applicant filed its Reply on 28 June 2024. A hearing took place before the judge on 8 August 2024 and he gave a written decision on 20 August 2024. It is clear from the decision that the judge required a number of amendments to the draft Letter of Request.

12.

It is important to note that the Letter of Request states at section 8 (b) “The evidence sought in this Letter of Request is for the purpose of obtaining admissible and relevant evidence for use in the trial of the US Proceedings”. The Order granting the Letter of Request also contained the following provisions:

Examination of Mr Scott is to be in accordance with English law and procedure and with the same privilege as under US rules;

ii)

The Applicant’s counsel have leave to examine and re-examine Mr Scott;

iii)

The First Respondent’s counsel have leave to cross-examine;

iv)

Questions are limited to those identified at §10(6) of the Order;

The purpose of the questioning is specifically to be to elicit and record testimony appropriate for trial of the US Complaint;

vi)

Privilege applies to documents to be produced by §21 of the Order;

vii)

The Examination is to take place in private and non-parties were not entitled to obtain a copy of the documents or transcript.

13.

As is apparent from the above the Letter of Request contained provisions for the production of documents, twenty requests in all set out in “Attachment A” and for the examination of Mr Scott in relation to 11 topics set out in “Attachment B”.

14.

My Order of 11 December 2024 was made, in the usual way, without notice to the Respondents on consideration of the first witness statement of Callum Knight dated 25 November 2024. In the circumstances it is beyond argument that the duty to make full and frank disclosure of those matters which are relevant to the application including any matters adverse to the application was engaged. See paragraph 11.9 of the King’s Bench Guide and the commentary to CPR 25.8 at 25.8.1 in the White Book.