Nicholas Isaac KC explores the implications of recent case law on the
Articles
Pre-Action Disclosure and Jurisdiction: Ferrari and Ebert
In this episode of Tanfield Talks, Andrew Butler KC and Nora Wannagat discuss the Ferrari and Ebert dispute, a pre-action disclosure application arising from a fatal road traffic accident in Hong Kong and a subsequent product recall affecting a class of Ferrari vehicles, including Mr Ebert’s.
Andrew and Nora briefly consider the background to the matter before exploring the legal issues arising from the pre-action disclosure application, including the territorial scope of section 33 of the Senior Courts Act 1981, whether pre-action disclosure can extend to documents held overseas, and the implications of cloud-based document storage.
Case citations
Legislation
- Civil Procedure Rules 1998, CPR 6.36 and Practice Direction 6B
- Senior Courts Act 1981, s.33
- Senior Courts Act 1981, s.34
Case
- Gorbachev v Guriev & Ors [2022] EWCA Civ 1270
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Books
The 11th edition of Residential Possession Proceedings, authored by Gary Webber, Daniel
