Society Of Lloyd's v Sir William Jaffray & Ors [2002] EWCA Civ 235 (21 February 2002)

Society Of Lloyd's v Sir William Jaffray & Ors [2002] EWCA Civ 235 (21 February 2002)

The confidentiality orders should be made as drafted, with an added liberty to apply provision to protect against any disadvantage to appellants, and a paragraph regarding transcripts. No order for costs is made against litigants in person as their concerns were understandable.

Citation
[2002] EWCA Civ 235
Parties
Claimant/defendant to Counterclaim: The Society of Lloyd's; Defendant/counterclaimant: Sir William Otho Jaffray Bt; Defendant/counterclaimant: Mr Carter; Defendant/counterclaimant: Mr Butler; Defendant/counterclaimant: Mr Harrison; Applicant/intervener: London Market Claims Services Limited; Applicant/intervener: Equitas
Jurisdiction
England and Wales
Judgment Date
21 February 2002
Procedural Posture
Civil Appeal / Interlocutory Application Before Appeal Hearing
Outcome
Application granted in part
Legal Topics
Confidentiality Orders, Discovery, Costs, Appeal Procedure
Civil Procedure Commercial Law Confidentiality Orders Discovery Costs Appeal Procedure

Case Brief

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Parties

The Society of Lloyd's

Claimant/defendant to Counterclaim

Sir William Otho Jaffray Bt

Defendant/counterclaimant

Mr Carter

Defendant/counterclaimant

Mr Butler

Defendant/counterclaimant

Mr Harrison

Defendant/counterclaimant

London Market Claims Services Limited

Applicant/intervener

Equitas

Applicant/intervener

Procedural Posture

Civil Appeal / Interlocutory Application Before Appeal Hearing

Legal Issues

  1. 1 Whether confidentiality orders should be made to protect documents used on appeal
  2. 2 Whether litigants in person are disadvantaged by confidentiality orders
  3. 3 Whether further discovery should be ordered

Ratio Decidendi

The confidentiality orders should be made as drafted, with an added liberty to apply provision to protect against any disadvantage to appellants, and a paragraph regarding transcripts. No order for costs is made against litigants in person as their concerns were understandable.

Court Disposition

Application granted in part

Orders

  • Confidentiality order made in terms of the fifth draft with liberty to apply provision and transcript paragraph added.
  • No order as to costs against litigants in person.