Claimant v Quinn Emanuel Urquhart & Sullivan UK LLP

Outcome

Facts

This was a preliminary hearing to consider case management matters including whether a Rule 50 (now Rule 49) order should be made regarding privileged documents. The respondents failed to comply with a disclosure order made by EJ Woodhead on 06.12.2024, which required disclosure by 14.03.2025. The respondents only raised concerns about privileged material months after that order was made, despite it being evident from early on that privileged client material would need to be disclosed. The respondents also pursued a strike-out application against the claimant while themselves being in breach of the disclosure order. The claimant also failed to provide disclosure, partly due to a mental health crisis and partly in response to the respondents' non-compliance.

Decision

The tribunal found that the respondents had acted unreasonably by failing to raise concerns about privileged material at the appropriate time, by sitting on the issue for months, and by pursuing a groundless strike-out application while in breach of orders themselves. Although the claimant had also behaved unreasonably by not providing disclosure, the tribunal exercised its discretion to award costs of £8,371 (50% of the hearing costs) to reflect that the preliminary hearing could not achieve its primary objective of considering Rule 49 orders, and that a further preliminary hearing would now be required.

Practical note

Legal authorities cited