The WLR Daily case summaries
[2021] WLR(D) 553
Queen’s Bench Division
Various Airfinance Leasing Cos and another v Saudi Arabian Airlines Corpn (International Air Finance Corpn, third party)
[2021] EWHC 2904 (Comm)
2021 Oct 7; Nov 1
Peter MacDonald Eggers QC sitting as a deputy High Court judge
Practice— Disclosure— Third party— Court making extended disclosure order — Claimants applying for variation of order to require disclosure of documents on personal mobile telephones owned or used by individuals in senior positions with defendant— Claimants proposing order that defendant request or use best endeavours to request individuals to produce documents on mobile telephones— Defendant opposing application on grounds of absence of “control” of documents and court lacking jurisdiction to make order sought— Whether documents within defendant’s control— Whether court having jurisdiction to make order for disclosure in absence of control— Whether having jurisdiction to make best endeavours order—
CPR
r 31.8, Pt 51, PD 51U, para 6, Appendix 1, para 1.1