David Mumford QC has successfully resisted an appeal to the ECSC Court of Appeal against an order refusing disclosure of documents belonging to a subsidiary company in litigation against an indirect parent. The ECSC determined, for the first time, that the English learning on what constitutes “control” of documents for disclosure purposes applied, including the developments of the Lonrho test seen in cases such as North Shore Ventures and Ardila Investments. The Court of Appeal also gave helpful guidance on the standard of appellate review applicable to decisions of fact based on documents. David was instructed by Andrew Willins and Laure-Astrid Wigglesworth of Appleby.

A copy of the judgment can be found here.