OPES CORPORATION OY v REPUBLIC TECHNOLOGIES (UK) LIMITED

MRS JUSTICE FALK :

1. I am afraid that I am going to award costs against the Defendant. I do not think that the Defendant has gone about this in the right way. The Defendant provisionally agreed the search terms. It was wrong for it to make a unilateral decision to do only the searches it chose to do, once its initial searches had produced what in its view were too many documents.

2. The Defendant told the Claimant that it was going to apply to the Court. It did not do so. I have been referred to the guidance of Marcus Smith J in Agents' Mutual v Gascoigne Halman Ltd [15]. That guidance is apposite here. The Defendant should not have just unilaterally have gone ahead with its proposal. [2019] EWHC 3104 (Ch) at

3. In particular, the Defendant had the documents and could readily have suggested exclusionary terms. It could also readily have proposed a first pass review (at least) by a much more junior member of staff, and should have done so.

4. So, exceptionally, I do not consider that the order should be costs in the case on this occasion. Rather, the Claimant should get their costs. ----------------- This judgment has been approved by the Judge. Digital Transcription by Marten Walsh Cherer Ltd., 2 nd Floor, Quality House, 6-9 Quality Court, Chancery Lane, London WC2A 1HP. Telephone No: 020 7067 2900. DX 410 LDE Email: [email protected] Web: www.martenwalshcherer.com