Snowstar Shipping Company Ltd. v Graig Shipping Plc & Anor
The application for pre-action disclosure is refused because condition (c) of Rule 31.16 is not satisfied; the claim is speculative and fragile, and the disclosure sought is too wide and not properly limited to what is strictly necessary.
- 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 / Ruling on Application
- Outcome
- Application dismissed
- Legal Topics
- Pre Action Disclosure, Contract Formation, Misrepresentation, Negligent Misstatement
Case Brief
Summary, issues, holding and outcome
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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 / Ruling on Application
Legal Issues
- 1 Whether the applicant is entitled to pre-action disclosure under Rule 31.16
- 2 Whether the claim in contract and misrepresentation passes the credibility threshold
- 3 Whether the qualifying conditions for pre-action disclosure are satisfied
Ratio Decidendi
The application for pre-action disclosure is refused because condition (c) of Rule 31.16 is not satisfied; the claim is speculative and fragile, and the disclosure sought is too wide and not properly limited to what is strictly necessary.
Court Disposition
Application dismissed
Orders
- Application for pre-action disclosure refused
- Court will hear parties on costs
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