Turquoise International Ltd v Dearman Engine Company Ltd

There was no error of principle or impermissible approach in the Master’s case management decisions regarding disclosure and costs; the grounds of appeal were not justiciable, and permission to appeal was refused.

Parties: Claimant/respondent: Turquoise International Ltd; Defendant/appellant: Dearman Engine Company Ltd
Jurisdiction: England and Wales
Judgment Date: 13 March 2019
Procedural Posture: Civil Appeal / Application for Permission to Appeal And, If Granted, Hearing of the Appeal
Outcome: Permission to appeal refused; appeal dismissed.
Legal Topics: Disclosure, Case Management, Costs, Summary Judgment, Appeals

Contract Law Civil Procedure Disclosure Case Management Costs Summary Judgment Appeals

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

Civil Appeal / Application for Permission to Appeal And, If Granted, Hearing of the Appeal

Legal Issues

1 Whether the Master erred in ordering standard disclosure
2 Whether the Master was functus officio in making the disclosure order
3 Whether the Master erred in awarding costs of the application to vary summary judgment

Ratio Decidendi

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 in producing the document.