Electronic disclosure exercise did not amount to breach of an unless order

A court was prepared to take into account the number of documents and the nature and complexity of the case in deciding whether a disclosure order had been complied with.

The liquidators applied for an extension of time for disclosure. The court granted an unless order, which provided that unless the liquidators complied with various disclosure obligations in the Civil Procedure Rules relating to searches of documents and the provision of a list identifying the documents located as a result of the search, their claims against the respondents would be struck out without further order.

The liquidators’ disclosure exercise was rigorously completed using an external e-disclosure provider and the list was served within the required time, along with a sworn disclosure statement from the liquidators…

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