Triumph v Primus – tender summary

Richard Morgan, Head of Dispute Resolution at HCR, represented US-owned multinational aerospace component manufacturer Primus International Holding Co – they sold their aerostructure composite business, including facilities at Farnborough in England and at Rayong in Thailand, to Triumph Controls UK Ltd. Two years later, Triumph alleged breaches of warranty in a share purchase agreement and began proceedings against Primus, claiming US$65m damages.

Standard disclosure was ordered and around 450,000 documents were eligible for review by Triumph. Having reviewed just over half, Triumph then decided not to review the rest. Richard challenged this and an order was made for a more comprehensive review. The ruling showed that a unilateral decision on what and how much to disclose is not acceptable to the courts – the approach must be clear to, and shared with the other party.

The case set the standard for disclosure, which is vital to many legal cases because it ensures that both parties have access to documents which affect their case, either to reinforce it or to undermine it.