Admiralty Court Dismisses Strike-Out Appeal, as Unless Order Not Breached | ZFZ Postcard Cases
An Admiralty Court decision regarding sufficient disclosure and strike-out sanctions. In the case, Defendants were contesting Claimants’ repair costs after a vessel collision.
Claimants were ordered to provide disclosure of relevant information including payroll records.
This case considered whether Claimants had breached an Unless Order by not providing to the court information that may put them in breach of national data laws.
The Court dismissed Defendants’ strike-out appeal, as Claimants were not in breach of the Unless Order. This was because the information that they had provided was ‘reasonably complete and sufficient’ and the Order did not specify a degree of detail. The Court also decided that a striking out sanction was clearly disproportionate to the disclosure issue, as the Unless Order had not been breached.
Read more on the decision here.