McFaddens Solicitors v Chandrasekaran

[2007] All ER (D) 336 (Feb)

26th February 2007

Court of Appeal


This was an application (by the defendants to the main action; D), to discharge a search order regarding software in their possession. D had set up the Claimant company (C) some years earlier, and still held information relating to that company on computers in their home. D submitted that they did not intend to use any of that information to develop a new product as was claimed, that they would not have disposed of the software upon which C’s claim was based had they been given notice of it, and thirdly that the claim was incomplete and misrepresented as a result of C not giving full and frank disclosure.


There had been established a prima facie case upon which the search order was granted. This had not been rebutted by the applicants. Accordingly the order could not be discharged on that ground.

The court did not have to be satisfied that D would destroy the evidence, rather C need only show a real possibility that it would be destroyed. The court was satisfied that there was such a possibility that the software would be hidden, or destroyed, by D. The application was accordingly dismissed.

An appeal from the Master who had granted leave to defend where solicitors were seeking payment of their costs and the terms of the retainer was disputed. 

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