Michael Wilson and Partners Ltd v Emmott & Ors [2022] EWHC 731 (Comm) (04 March 2022)

Michael Wilson and Partners Ltd v Emmott & Ors [2022] EWHC 731 (Comm) (04 March 2022)

There is no realistic prospect of success on appeal because the documents in question were not sufficiently mentioned to require disclosure under the rules, and the application was neither reasonable nor proportionate.

Citation
[2022] EWHC 731 (Comm)
Parties
Claimant: Michael Wilson and Partners Limited; First Defendant: John Forster Emmott; Second Defendant: Second Defendant
Jurisdiction
England and Wales
Judgment Date
04 March 2022
Procedural Posture
Commercial Court Application / Application for Permission to Appeal
Outcome
Application for permission to appeal refused
Legal Topics
Disclosure, Permission to Appeal
Civil Procedure Disclosure Permission to Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

Michael Wilson and Partners Limited

Claimant

John Forster Emmott

First Defendant

Second Defendant

Second Defendant

Procedural Posture

Commercial Court Application / Application for Permission to Appeal

Legal Issues

  1. 1 Whether documents referred to in documents attached to witness statements or affidavits should be disclosed as being impliedly mentioned under the rules
  2. 2 Whether the application for permission to appeal has a realistic prospect of success

Ratio Decidendi

There is no realistic prospect of success on appeal because the documents in question were not sufficiently mentioned to require disclosure under the rules, and the application was neither reasonable nor proportionate.

Court Disposition

Application for permission to appeal refused

Orders

  • Permission to appeal is refused