Blue Sky One Ltd & Ors v Blue Airways LLC & Ors [2009] EWCA Civ 749 (18 June 2009)

Blue Sky One Ltd & Ors v Blue Airways LLC & Ors [2009] EWCA Civ 749 (18 June 2009)

The refusal of specific disclosure was a proper exercise of the judge's case management discretion, as the requested documents were not shown to be relevant to the central issue of the existence of the alleged oral agreement, and disclosure would risk diverting the trial into collateral issues.

Citation
[2009] EWCA Civ 749
Parties
Applicants: Blue Sky One Ltd & Ors; Respondents: Blue Airways LLC & Ors
Jurisdiction
England and Wales
Judgment Date
18 June 2009
Procedural Posture
Interlocutory Appeal (civil) / Application for Permission to Appeal Against Refusal of Specific Disclosure
Outcome
Application for permission to appeal refused
Legal Topics
Disclosure of Documents, Case Management, Aircraft Leasing, Sanctions Compliance
Civil Procedure Commercial Law Disclosure of Documents Case Management Aircraft Leasing Sanctions Compliance

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Parties

Blue Sky One Ltd & Ors

Applicants

Blue Airways LLC & Ors

Respondents

Procedural Posture

Interlocutory Appeal (civil) / Application for Permission to Appeal Against Refusal of Specific Disclosure

Legal Issues

  1. 1 Whether the judge erred in refusing specific disclosure of communications with the US Bureau of Industry and Security
  2. 2 Whether such disclosure is relevant to the central issue of the existence of an oral agreement

Ratio Decidendi

The refusal of specific disclosure was a proper exercise of the judge's case management discretion, as the requested documents were not shown to be relevant to the central issue of the existence of the alleged oral agreement, and disclosure would risk diverting the trial into collateral issues.

Court Disposition

Application for permission to appeal refused

Orders

  • Permission to appeal against the order for specific disclosure is refused