Court of Appeal: confirms the stringent requirements for standard disclosure (Shah v HSBC Private Bank)

Table of contents

• Court details
• Facts
• Judgment
• Comment

Article summary

The Court of Appeal refused to order that the redacted names of employees of the defendant bank be provided as part of a party's standard disclosure obligations. In doing so it confirmed that caution should be exercised in applying pre-CPR cases to CPR issues. However, the requirement in pre CPR case Taylor that parties should not be disadvantaged in litigation applied although the original test in that case, taken from Peruvian Guano, no longer apply. Instead the correct test to apply was whether the applicant seeking disclosure had complied with the strict requirements in CPR 31.6.