Calor Gas Ltd v Wilson & Ors [2022] EWHC 505 (QB) (08 March 2022)

Calor Gas Ltd v Wilson & Ors [2022] EWHC 505 (QB) (08 March 2022)

The court was satisfied that all five conditions for granting a search order were met: there was a strong prima facie case, clear evidence of incriminating items, a real risk of removal or concealment of evidence, serious harm to the claimant if the order was not granted, and the order was proportionate. The interests of justice required the making of the order.

Citation
[2022] EWHC 505
Parties
Applicant/claimant: Calor Gas Limited; Respondent/defendant: James Stephen Wilson; Respondent/defendant: Timothy Barry Massey; Respondent/defendant: Sid's DIY Limited T/A Kings Heath DIY; Respondent/defendant: Suleman Hussain; Respondent/defendant: The Gas Station Stirchley Limited; Respondent/defendant: Jonathan Tapper
Jurisdiction
England and Wales
Judgment Date
08 March 2022
Procedural Posture
Application for Search Orders and Related Orders Under Section 7 of the Civil Procedure Act 1997 / Ex Parte Interim Application, Pre Action, Without Notice
Outcome
Search order and related orders granted as sought by the claimant.
Legal Topics
Search Orders, Breach of Contract, Trespass to Goods, Passing Off, Unlawful Means Conspiracy, Interim Relief, Proportionality, Open Justice
Civil Procedure Commercial Law Contract Law Tort Law Search Orders Breach of Contract Trespass to Goods Passing Off +4 more

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Parties

Calor Gas Limited

Applicant/claimant

James Stephen Wilson

Respondent/defendant

Timothy Barry Massey

Respondent/defendant

Sid's DIY Limited T/A Kings Heath DIY

Respondent/defendant

Suleman Hussain

Respondent/defendant

The Gas Station Stirchley Limited

Respondent/defendant

Jonathan Tapper

Respondent/defendant

Procedural Posture

Application for Search Orders and Related Orders Under Section 7 of the Civil Procedure Act 1997 / Ex Parte Interim Application, Pre Action, Without Notice

Legal Issues

  1. 1 Whether the conditions for granting a search order are met
  2. 2 Whether there is a strong prima facie case against the defendants
  3. 3 Whether there is clear evidence of incriminating items in the defendants' possession

Ratio Decidendi

The court was satisfied that all five conditions for granting a search order were met: there was a strong prima facie case, clear evidence of incriminating items, a real risk of removal or concealment of evidence, serious harm to the claimant if the order was not granted, and the order was proportionate. The interests of justice required the making of the order.

Court Disposition

Search order and related orders granted as sought by the claimant.

Orders

  • Search orders granted against the defendants limited to the claimant's own cylinders.
  • Information obtained under the order to be used only in the proceedings, except for safety referrals to the Health and Safety Executive.