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The issue of control of documents in the hands of third parties is one which comes up regularly in litigation as parties seek access to all documentation which may assist their case – we have reported on this issue previously - Disclosure – documents out of control | Hill Dickinson . In another recent case, the High Court recently decided (Loreley Financing (Jersey) No 30 Ltd v Credit Suisse Securities (Europe) Ltd [2023] EWHC 548 (Comm)) that a party to litigation (Claimant) did not have control over documents in the hands of its creditor for the purpose of disclosure. That was the case even though two employees of the creditor acted as the Claimant’s agent for the purposes of conducting the litigation. It was held that despite the agents having access to the documents in their capacity as the creditor’s employees, that did not mean the documents were within the Claimant’s control...