Earles v Barclays Bank Plc
| Jurisdiction | England & Wales |
| Judgment Date | 08 October 2009 |
| Neutral Citation | [2009] EWHC 2500 (QB) |
| Date | 08 October 2009 |
| Court | Queen's Bench Division |
Queen's Bench Division
Before Judge Simon Brown, QC
Although there was no duty on parties to preserve documents before proceedings commenced, after that the situation was radically different.
Judge Simon Brown, QC, sitting as an additional Queen's Bench Division judge at Birmingham District Registry, so stated on October 8, 2009, in dismissing the claim by Timothy Duncan Earles against Barclays Bank plc.
HIS LORDSHIP said that this was the type of action between a customer and his bank that had become increasingly prevalent in the mercantile court during the economic downturn and banking credit crisis.
Over 90 per cent of business documentation was now in electronic form and was subject to disclosure under rule 31.4 of the Civil Procedure Rules and paragraph 2A of the Practice Direction thereto.
In a short trial of a simple factual issue, the fair award for costs for a successful defendant with in-house counsel who had failed to disclose material, particularly electronic material, relevant to the primary issue in...
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Table of cases
............ 231 Eagle Trust plc v. SBC Securities Ltd., [1992] 4 All E.R. 488 (Ch. D.) .............. 231 Earles v. Barclay Bank plc, [2009] EWHC 2500 (Q.B.) ...................................... 291 Eaton v. HMS Financial Inc., 2008 ABQB 631 .......................................................
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