Turquoise International Ltd v Dearman Engine Company Ltd [2019] EWHC 909 (QB) (13 March 2019)

Turquoise International Ltd v Dearman Engine Company Ltd [2019] EWHC 909 (QB) (13 March 2019)

There was no justiciable basis for granting permission to appeal as the orders made by Master Kay QC were proper case management decisions, within his jurisdiction, and no error of principle or approach was demonstrated.

Citation
[2019] EWHC 909
Parties
Claimant/respondent: Turquoise International Ltd; Defendant/appellant: Dearman Engine Company Ltd
Jurisdiction
England and Wales
Judgment Date
13 March 2019
Procedural Posture
Application for Permission to Appeal and Appeal / Permission to Appeal and Appeal Hearing
Outcome
Permission to appeal refused; appeal dismissed.
Legal Topics
Disclosure, Costs, Summary Judgment, Account of Profits, Case Management
Civil Procedure Contract Law Disclosure Costs Summary Judgment Account of Profits Case Management

Case Brief

Summary, issues, holding and outcome

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Parties

Turquoise International Ltd

Claimant/respondent

Dearman Engine Company Ltd

Defendant/appellant

Procedural Posture

Application for Permission to Appeal and Appeal / Permission to Appeal and Appeal Hearing

Legal Issues

  1. 1 Whether Master Kay QC erred in ordering standard disclosure
  2. 2 Whether Master Kay QC was functus officio
  3. 3 Whether costs should have been ordered immediately or at the end of proceedings

Ratio Decidendi

There was no justiciable basis for granting permission to appeal as the orders made by Master Kay QC were proper case management decisions, within his jurisdiction, and no error of principle or approach was demonstrated.

Court Disposition

Permission to appeal refused; appeal dismissed.

Orders

  • Parties to file short position statements or points of dispute and defence regarding disputed transactions.
  • Parties to continue to liaise and cooperate to produce the document.