UT (Tax & Chancery) UT-2023-000064 - [2024] UKUT 00394 (TCC)

Mr Staley objects to the inclusion on the Authority’s List of Documents of two documents which were added to the List following receipt by the Authority of the additional material from the SEC.

The documents concerned were added as documents 589 and 590 in the List and are the two documents referred to at [63] above, namely the Statement of Undisputed Material Facts and the Memorandum of Law.

Mr Staley objects to the inclusion of these documents because they contain statements which JP Morgan sought to present to defend its position in the US proceedings. Mr Smith submits that these documents have no value in these proceedings.

It is clear that the Authority has relied in the ASOC to an extent on some of the material referred to in these two documents. On that basis it is perfectly proper that the documents should be included in the Authority’s List of Documents.

However, I accept Mr Smith’s submission that there are large amounts of material in these documents which are not relevant to this reference. Accordingly, I direct that for the purposes of the hearing bundle, the Authority shall redact the two documents so that only those contents of the documents on which the Authority relies are included.