E&Y case hampered by ‘late disclosure’

Ernst & Young’s defence against a £2bn negligence claim from Equitable Life is being hampered by poor disclosure on behalf of the mutual’s lawyers, the High Court heard.

Link: Equitable: read the key documents

Speaking after the cross-examination of Charles Thomson, Mark Hapgood QC, for E&Y, said the ‘late disclosure’ of key documents was making it difficult for the Big Four firm to make its case.

Equitable’s solicitors Herbert Smith have claimed in written correspondence with E&Y that certain requests for information were not contained within the usual rules of disclosure since they were irrelevant to the case.

But E&Y maintains that they are relevant, and obtained permission to question Thomson beyond the scheduled cutting-off point to address some of the issues the documents raised.

‘We are deeply concerned that [late disclosure] may have infected the entire approach of Herbert Smith ?and it is a matter my clients feel very strongly about,’ Hapgood said.

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