Arrow Nominees Inc & Ors v Blackledge & Ors [2002] EWCA Civ 378 (28 February 2002)

Arrow Nominees Inc & Ors v Blackledge & Ors [2002] EWCA Civ 378 (28 February 2002)

Where non-party solicitors are required to undertake further enquiries to comply with a disclosure order, the party seeking such disclosure must pay the reasonable costs incurred by the solicitors.

Citation
[2002] EWCA Civ 378
Parties
Petitioner/respondent to Appeal: Arrow Nominees Inc; Petitioner/respondent to Appeal: Lorraine Blackledge; A Party for the Purpose of Costs: Nigel Jeremy Tobias; Respondent to the Petition/appellant: Graham Blackledge; Respondent to the Petition/appellant: Margaret Blackledge; Respondent to the Petition/appellant: GR & MM Blackledge PLC; Respondent to the Petition: Bodycare (Health & Beauty) Limited; Non Party Solicitors: Berg & Co
Jurisdiction
England and Wales
Judgment Date
28 February 2002
Procedural Posture
Civil Appeal / Costs Application Following Compliance With Disclosure Order
Outcome
Application granted in part; costs order made against appellants.
Legal Topics
Disclosure Obligations, Non Party Costs, Norwich Pharmacal Orders
Civil Procedure Costs Disclosure Obligations Non Party Costs Norwich Pharmacal Orders

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Parties

Arrow Nominees Inc

Petitioner/respondent to Appeal

Lorraine Blackledge

Petitioner/respondent to Appeal

Nigel Jeremy Tobias

A Party for the Purpose of Costs

Graham Blackledge

Respondent to the Petition/appellant

Margaret Blackledge

Respondent to the Petition/appellant

GR & MM Blackledge PLC

Respondent to the Petition/appellant

Bodycare (Health & Beauty) Limited

Respondent to the Petition

Berg & Co

Non Party Solicitors

Procedural Posture

Civil Appeal / Costs Application Following Compliance With Disclosure Order

Legal Issues

  1. 1 Extent of Berg & Co's obligation to undertake further enquiries for disclosure
  2. 2 Responsibility for costs incurred by non-party solicitors in complying with court order

Ratio Decidendi

Where non-party solicitors are required to undertake further enquiries to comply with a disclosure order, the party seeking such disclosure must pay the reasonable costs incurred by the solicitors.

Court Disposition

Application granted in part; costs order made against appellants.

Orders

  • Berg & Co to conduct further search through their files to comply with the order, at the appellants' expense.
  • Costs of today's exercise in the sum of £7,000 to be paid to Berg & Co by the appellants.