Zachary Kell appeared before the First Deemster of the High Court (Isle of Man) in a two-day hearing of applications relating to complex issues of disclosure. The underlying proceedings are three claims, namely (i) a minority oppression claim, (ii) a claim for, inter alia, taking confidential/commercially sensitive information, and (iii) a claim for secret profits.

Zachary was counsel for the MIR parties’ cross-application (appearing alongside James Sharpe of 3VB who defended the MIR Parties against the minority shareholders’ application for specific disclosure) which succeeded on a number of different categories. The court considered several different issues including the delivery up of an electronic device, i.e. a mobile telephone to an IT expert and the power to order a litigant to provide a witness statement explaining how they carried out searches for the disclosure exercise. Zachary was instructed by Simcocks Advocates in Douglas.

Read the full judgment here.