Burke & Anor v Giumba & Anor [2002] EWCA Civ 712 (3 May 2002)

Burke & Anor v Giumba & Anor [2002] EWCA Civ 712 (3 May 2002)

The court held that, in the interests of fairness and finality, Mr Derbyshire should be required to produce full statements for the relevant accounts for June and July 1999 to conclusively resolve the factual dispute about the payment's destination.

Citation
[2002] EWCA Civ 712
Parties
Claimant/respondent: Trevor Burke; Claimant/respondent: Thomas Derbyshire; Defendant/appellant: Ion Giumba; Defendant/appellant: Global Holidays Ltd
Jurisdiction
England and Wales
Judgment Date
03 May 2002
Procedural Posture
Civil Appeal / Interlocutory Hearing on Adjourned Application for Permission to Appeal
Outcome
Application adjourned; costs reserved
Legal Topics
Disclosure of Documents, Appellate Procedure, New Evidence on Appeal
Civil Procedure Disclosure of Documents Appellate Procedure New Evidence on Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

Trevor Burke

Claimant/respondent

Thomas Derbyshire

Claimant/respondent

Ion Giumba

Defendant/appellant

Global Holidays Ltd

Defendant/appellant

Procedural Posture

Civil Appeal / Interlocutory Hearing on Adjourned Application for Permission to Appeal

Legal Issues

  1. 1 Whether Mr Derbyshire adequately disclosed relevant bank statements to address the payment issue raised by Mr Giumba
  2. 2 Whether further disclosure should be ordered to resolve the factual dispute about the destination of the payment

Ratio Decidendi

The court held that, in the interests of fairness and finality, Mr Derbyshire should be required to produce full statements for the relevant accounts for June and July 1999 to conclusively resolve the factual dispute about the payment's destination.

Court Disposition

Application adjourned; costs reserved

Orders

  • Mr Derbyshire to produce full statements of his Barclay card credit account(s) and any current accounts with Barclays for June and July 1999, with appropriate redactions for confidentiality.
  • Matter to be relisted before the same or similar constitution to resolve the issue definitively.