Control of Documents – New Square Chamber

Posted April 14th, 2016 in civil procedure rules, disclosure, documents, news, subsidiary companies by sally

‘What happens when a party to proceedings refuses to give disclosure of documents held by its subsidiary? Can the parent company simply refuse to give disclosure on the basis that the subsidiary is a separate legal entity? CPR 31.8 provides that a party is obliged to give disclosure of documents in its “control.” In Ardila v ENRC [2015] EWHC 3761 (Comm) Males J sought to reconcile the competing first instance and appellate decisions on whether a parent company can be said to control the documents of its subsidiary.’

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New Square Chambers, 11th April 2016