Snowstar Shipping Company Ltd. v Graig Shipping Plc & Anor [2003] EWHC 1367 (Comm) (13 June 2003)

Snowstar Shipping Company Ltd. v Graig Shipping Plc & Anor [2003] EWHC 1367 (Comm) (13 June 2003)

The application for pre-action disclosure is refused because the claim is speculative and fragile, the disclosure sought is too wide and not strictly necessary, and condition (c) of CPR 31.16 (that the documents would be disclosable in standard disclosure) is not satisfied. Even if condition (c) were satisfied, the court would not exercise its discretion to order disclosure due to the speculative nature of the claim and the breadth of the request.

Citation
[2003] EWHC 1367 (Comm)
Parties
Applicant/claimant: Snowstar Shipping Company Limited; Respondent/defendant: Graig Shipping PLC; Respondent/defendant: Fortis Bank
Jurisdiction
England and Wales
Judgment Date
13 June 2003
Procedural Posture
Application for Pre Action Disclosure / Judgment on Application Under CPR 31.16
Outcome
Application dismissed
Legal Topics
Pre Action Disclosure, Contract Formation, Misrepresentation, Negligent Misstatement, Disclosure Obligations
Civil Procedure Commercial Law Pre Action Disclosure Contract Formation Misrepresentation Negligent Misstatement Disclosure Obligations

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Parties

Snowstar Shipping Company Limited

Applicant/claimant

Graig Shipping PLC

Respondent/defendant

Fortis Bank

Respondent/defendant

Procedural Posture

Application for Pre Action Disclosure / Judgment on Application Under CPR 31.16

Legal Issues

  1. 1 Whether the conditions for pre-action disclosure under CPR 31.16 are satisfied
  2. 2 Whether there is a credible claim in contract or misrepresentation against Graig Shipping PLC
  3. 3 Whether the documents sought fall within the scope of standard disclosure if proceedings were issued

Ratio Decidendi

The application for pre-action disclosure is refused because the claim is speculative and fragile, the disclosure sought is too wide and not strictly necessary, and condition (c) of CPR 31.16 (that the documents would be disclosable in standard disclosure) is not satisfied. Even if condition (c) were satisfied, the court would not exercise its discretion to order disclosure due to the speculative nature of the claim and the breadth of the request.

Court Disposition

Application dismissed

Orders

  • Application for pre-action disclosure refused
  • Costs to be determined after hearing the parties