Jurisdiction(s):
United Kingdom

Disclosure-led amendment permitting breach of confidence counterclaim and reliance defence in M&A dispute: Slater & Gordon v Watchstone [2019] EWHC 2371 (Comm)

Published on: 10 September 2019

Published by a LexisNexis Information Law expert

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Table of contents

What are the practical implications of this case?
What was the background?
What did the court decide?
Case details

Article summary

Amending a claim to allege breach of confidence (Slater & Gordon v Watchstone) Slater & Gordon (UK) 1 Ltd v Watchstone [2019] EWHC 2371 (Comm) What are the practical implications of this case?

Two principal practical consequences follow from this decision:

It serves as a caution for those involved in M&A deals or litigating about them. Although exploiting every route to gather intelligence on the other side may appear commercially astute, inviting the opponent’s corporate adviser to tacitly share confidential material is arguably unlawful and may leave participants exposed to a significant claim
It also exemplifies the court’s pragmatic and constructive approach when major disclosure issues arise that warrant an amendment—if persuasive arguments emerge, the court will seek to accommodate them. The familiar disapproval of late amendments did not feature in the judgment, perhaps suggesting that...

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