In a representative proceeding alleging unconscionable conduct by a CFD and binaries trading platform, the Court granted further discovery of individualised trading/loss data (Raw Data Sheet format for a 5-year period), suitability assessment data for the full 10-year relevant period, committee minutes and papers directly relevant to pleaded issues, and documents relating to 15 potential group member witnesses. The Court refused discovery of hedging-related documents (finding the relevant decisions were likely made by the UK parent and thus outside the respondent's control), instant messaging records (burden not justified by the speculative basis for the request), and documents from the mailbox of a UK-based non-executive director (the prospect of yielding material beyond what was already discovered via the Cruddas Document Set was too remote). The Court confirmed that formal appointment as sample group members is not a prerequisite to ordering individualised discovery for potential group member witnesses.
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