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Soutzos v Dawkins & Anor, Chancery Division, 8 March 2011

15 March 2011
The issues

Specific disclosure – damages – burden of proof.

The facts

The Appellant had brought an injunction against the Respondents in support of a claim for damages. The claim had largely failed and the injunction was discharged. The Respondents than brought an action against the Appellant for losses which they said had been caused by the injunction. The Appellant applied for specific disclosure of documents relevant to that claim. The Master rejected the Application, holding that the documents were not relevant to the disposal of the claim and that if the Respondent failed to establish the claim on the basis that the documents already disclosed, it was a bed of her own making.

The Appellant Appealed.

The decision

The mere fact that a party bore a burden of proof did not mean there was no obligation of disclosure. The documents were relevant and should be disclosed. For those not in her control she should provide a witness statement explaining the difficulties of why it was not possible to provide them.

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