- The significance of limitation arguments in pre-action disclosure applications (Loches Capital Ltd v Goldman Sachs International)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Dispute Resolution analysis: This is a rare example of an application for pre-action disclosure succeeding before the Commercial Court. The applicant, Loches Capital Ltd (Loches), applied for pre-action disclosure of four categories of documents in order to assist them in formulating and assessing their proposed claim against Goldman Sachs International (GSI). The judgment considers questions of limitation, discretion and the interplay between those factors (among other things). Although the facts giving rise to the alleged cause of action occurred over 12 years ago the court was not satisfied that the limitation arguments were bound to succeed and that was not a reason to refuse the application for pre-action disclosure. Written by Christopher Snell, barrister, at New Square Chambers.
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