Disclosure - Triumph Controls v Primus

Judge criticises unilateral decisions taken by a party during the disclosure process and orders a fresh manual review

The defendants sought two orders from the court following the claimants' disclosure:

1. An order that the claimants provide the list of 860,000 folders and file paths (which had been identified by the claimants on a shared drive) to the defendants so that they can see whether any additional folders or file paths should have been searched. That order was refused by Coulson J. Although the claimants had acted without consulting the defendants (and it would have been better to have consulted), the process had been clearly set out in the claimants' original list of documents and so the defendants had had 17 months to raise this complaint. In any event, this method had been sensible and proportionate on the facts, especially as the defendants had been unable to identify any obviously missing folders/file paths.