HT-2022-000352 - [2024] EWHC 1890 (TCC)

The Claimant’s position is that the appropriate custodians are Mr Kirk, the Senior Operations Director of Barratt’s Building Safety Unit, who was in charge of the operational aspects of Project Ashby, and Mr Champion, Barratt’s Development Director who had charge of Project Ashby from a claims perspective.

Explanation during the hearing assisted in clarifying one matter: the Defendants were concerned that there was no custodian who controlled documents relating to the Building Safety Unit, but it is now clear that Mr Kirk and/or Mr Champion are likely to be custodians of any relevant Building Safety Unit documents.

For the Defendants it was submitted that three further custodians should be added to the list: Mr Thomas, Barratt’s Chief Executive Officer; Mr Boyes, Barratt’s Chief Operating Officer and Mr Ennis, manager of London and Southern region of Barratts’ business.

In my judgment, it is reasonable to add Mr Boyes and Mr Thomas to the list: they may well have high level documents which would not be available to others in the Barratt companies. I would not expect either of them to have large volumes of documents responding to the search terms discussed above: insofar as there is duplication, the AI software will limit the disclosure.

On the other hand it seems to me unlikely that Mr Ennis would have any documentation of significance not caught by a search of the Boyes/Thomas files on the one hand or the Kirk/Champion files on the other hand.

Accordingly Mr Boyes and Mr Thomas will be added to the list of custodians.