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11 August 2011 / Vanessa Van Breda , Mark Surguy
Issue: 7478 / Categories: Features , E-disclosure , Procedure & practice
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Between a rock and a hard place

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Vanessa van Breda & Mark Surguy approach the conflicting forces of duty & disclosure

A solicitor has duties to his client and the court during the disclosure process. Increasingly a tension occurs between the two, especially as in-house counsel seeks to control more of the process to manage costs This article explores the tensions in the light of Common Market Commercial Services AVV (CMCS) v Taylor and Taylor v Stoutt, CMCS and Jakober [2011] EWHC 324 (Ch), [2011] All ER (D) 269 (Feb) (CMCS).

Brief facts of CMCS

The proceedings arose out of a dispute over the beneficial ownership of a property following a divorce. The property was owned by a Netherlands Antilles bearer share company owned or controlled by a Swiss national living in Geneva.

The company sought possession of the property and the wife sought a transfer to herself on the basis that the funds to acquire the property came from the husband. She sought disclosure from the Swiss national in order to prove

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