Fiesta Hotels and Resorts SL vs Deutsche Bank AG

This case involved a commercial dispute between Fiesta Hotels and Resorts SL and Deutsche Bank AG, focusing on disclosure and adjournment issues.

TLDR:

• Fiesta Hotels and Resorts SL filed a lawsuit against Deutsche Bank AG.
• The case involved issues of disclosure and adjournment.
• The court took a holistic view and set a timetable for the trial.
• Costs were awarded in the case, with a warning for future conduct.

The claimants, Fiesta Hotels and Resorts SL, along with other associated entities, initiated legal proceedings against Deutsche Bank AG and its London branch. The dispute revolved around issues of disclosure and the necessity of an adjournment.

During the proceedings, the Honourable Mrs Justice Cockerill DBE addressed the arguments presented by both parties. The claimants had a mixed outcome in their disclosure application, achieving some success but also facing setbacks. On the other hand, the defendants were largely successful in resisting the disclosure application but lost on the adjournment issue.

The court noted that the adjournment issue was closely tied to the multiple disclosure applications pending and the difficulties in achieving positive engagement between the parties. The judge emphasized the need for constructive engagement to avoid further complications.

Justice Cockerill took a holistic approach, considering the interconnected issues of disclosure and adjournment. The court aimed to reset the proceedings, providing guidance on how the parties should approach future disclosure applications. This approach allowed the court to set a timetable for the trial, with the hope of resolving the remaining issues.

The court issued a warning to both parties regarding future conduct. Any lack of reasonable engagement or attempts to resolve matters sensibly would result in stringent costs orders against the losing party. This served as a final warning for a charitable approach to the proceedings.

Ultimately, the court ruled that the costs of the hearing would be costs in the case. The parties were urged to continue constructive engagement off camera to minimize future court appearances.

Legal representatives: Edward Levey KC, Laurie Brock, and Ian Simester (Instructed by Quinn Emanuel Urquhart & Sullivan UK LLP) for the claimants; Alexander Polley KC and William Day (Instructed by Herbert Smith Freehills LLP) for the defendants.

Judicial Panel: The Honourable Mrs Justice Cockerill DBE

Case Citation Reference: [2024] EWHC 1382 (Comm)