Clark v Ardington Electrical Services [2001] EWCA Civ 585 (4 April 2001)

Clark v Ardington Electrical Services [2001] EWCA Civ 585 (4 April 2001)

The documents sought are relevant to issues raised in the defence and satisfy both limbs of CPR 31.17. The judge exercised his discretion correctly in ordering discovery, as the documents may support the respondent's case or adversely affect the claimant's, and are necessary for a fair disposal of the claim.

Citation
[2001] EWCA Civ 585
Parties
Appellant/claimant: Clark; Respondent/defendant: Ardington Electrical Services
Jurisdiction
England and Wales
Judgment Date
04 April 2001
Procedural Posture
Civil Appeal / Appeal From Order for Discovery (oxford County Court, Judge Harris Qc, 19 September 2000)
Outcome
Appeal dismissed
Legal Topics
Disclosure and Discovery, Test Cases, Measure of Damages, Consumer Credit Agreements, Mitigation of Loss
Civil Procedure Consumer Credit Insurance Law Disclosure and Discovery Test Cases Measure of Damages Consumer Credit Agreements Mitigation of Loss

Case Brief

Summary, issues, holding and outcome

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Parties

Clark

Appellant/claimant

Ardington Electrical Services

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From Order for Discovery (oxford County Court, Judge Harris Qc, 19 September 2000)

Legal Issues

  1. 1 Whether documents relating to payments made by Helphire to repairers and engineers are relevant and discoverable under CPR 31.17
  2. 2 Whether the amounts claimed by the claimant must reflect actual payments made by Helphire
  3. 3 Whether the Helphire scheme constitutes a sham or unenforceable regulated consumer credit agreement

Ratio Decidendi

The documents sought are relevant to issues raised in the defence and satisfy both limbs of CPR 31.17. The judge exercised his discretion correctly in ordering discovery, as the documents may support the respondent's case or adversely affect the claimant's, and are necessary for a fair disposal of the claim.

Court Disposition

Appeal dismissed

Orders

  • Order for discovery affirmed