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High Court grants application by a number of individuals to be allowed to use material, which they have received in the context of the within proceedings, for the purposes of other proceedings in which they intend to sue the respondents and related applications by other individuals, who have not previously received the disputed material, to be furnished with that material, and then to be allowed use it for the purposes of other proceedings, on the grounds that: (a) special circumstances exist which justify allowing the moving parties to rely on the disputed material for the purposes of proceedings against the respondents; (b) granting the order was in the interests of justice; (c) granting the order does not confer any improper litigation advantage on the moving parties; and (d) there was no obvious public interest which would be advanced by refusing to allow the moving parties the same entitlement to rely on the documentation as had been granted to other parties in an earlier judgment.
Practice and procedure - Application by a number of individuals to be allowed to use material, which they have received in the context of the within proceedings, for the purposes of other proceedings in which they intend to sue the respondents - related applications by other individuals, who have not previously received the disputed material, to be furnished with that material and then to be allowed use it for the purposes of other proceedings - the applicants wish to use the materials in separate proceedings in which they allege the respondents to the motion carried out a detailed examination or “interrogation” of data held by the company relating to the moving parties - applicants allege this amounted to a breach of their rights, including the right to privacy - the applications arose in the context of the ongoing investigation into the respondent company by two court-appointed inspectors - the material consists of affidavits and exhibits which had been filed as part of an application to appoint the inspectors - Section 748 of the Companies Act 2014 - Order 75B, rule 3(1) of the Rules of the Superior Courts 1986 (as amended) - whether the moving parties should be allowed to use the documentation for the purposes of other proceedings which they have instituted against the respondents - whether granting the application was in the interests of justice - whether the respondent had locus standi - orders allowing the applicants to use the materials were granted.
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