OF ENGLAND AND WALES
KING'S BENCH DIVISION
COMMERCIAL COURT
Fetter Lane, London, EC4A 1NL |
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B e f o r e :
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Eurasian Natural Resources Corporation Limited |
Claimant |
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- and - |
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(1) The Director of the Serious Fraud Office (2) John Gibson (3) Anthony Puddick |
Defendants |
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Tom Richards and George Molyneaux (instructed by Eversheds Sutherland) for the First and Second Defendants
Hearing dates: 25 April 2024
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Crown Copyright ©
Mrs Justice Cockerill DBE
Thursday, 25 April 2024
(14:30 pm)
a. Paragraph 12.1:
"Where a party who cannot produce particular documents whether because the document no longer exists the party no longer has it in its possession or for any other reason is required to describe each such document with reasonable precision and explain with reasonable precision the circumstances in which and the date when the document ceased to exist or left its possession or the other reason for non-production. If it is not possible to identify individual documents, the class of documents must be described with reasonable precision."
b. Paragraph 17.1:
"Where the court concludes either that there has or may have been a failure adequately to comply with an order for extended disclosure, then the court should be satisfied that it is reasonable and proportionate to make an order to secure a party's compliance with the extended disclosure obligations and the court has a wide discretion to make such further orders as may be appropriate, including requiring a party to make a witness statement explaining any matter in relation to disclosure."
c. Also, paragraph 18.1:
"Pursuant to which the court may vary an existing order for extended disclosure if it considers that any aspect of the relief sought falls outside the current disclosure obligations for which purpose the court has to be satisfied that it is reasonable and proportionate and necessary for the just disposal of the proceedings."