Master orders explanation of deletion of platform prior to
disclosure and considers ordering response to a notice to admit
Following disclosure, the Claimants sought the following orders
from the court: (a) an order requiring the Defendants to explain
why a platform set up to share information between the Defendants
was deleted about a year before disclosure took place; (b) an order
requiring the Defendants to respond to a notice of admission served
by the Claimants; and (c) an order explaining which attachments
disclosed were merely contextual and which fell within the standard
disclosure test.
Master Marsh agreed to make the first order because the court
needed to know whether a serious error had occurred and because
"[he] would have expected the evidence that relates to the
destruction of a platform (which potentially contained disclosable
material) to have been explained not second-hand by a solicitor on
instructions, but by a person who has first-hand knowledge
