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 based on compelling evidence of unlawful refilling of the claimant's cylinders; clear evidence that incriminating items were in the defendants' possession; a real risk that evidence would be removed or concealed if notice was given; serious harm (economic and reputational) would be caused to the claimant if the order was not granted; and the order was proportionate, with safeguards to protect the defendants' interests.

Citation
[2022] EWHC 505 (QB)
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 Application, Pre Action, Interim Relief
Outcome
Search order and related orders granted as sought by the claimant.
Legal Topics
Search Orders, Interim Relief, Breach of Contract, Trespass to Goods, Passing Off, Unlawful Means Conspiracy, Proportionality, Open Justice
Civil Procedure Commercial Law Tort Law Search Orders Interim Relief Breach of Contract Trespass to Goods Passing Off +3 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 Application, Pre Action, Interim Relief

Legal Issues

  1. 1 Whether the conditions for granting a search order are satisfied
  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 possession of the defendants

Ratio Decidendi

The court was satisfied that all five conditions for granting a search order were met: there was a strong prima facie case based on compelling evidence of unlawful refilling of the claimant's cylinders; clear evidence that incriminating items were in the defendants' possession; a real risk that evidence would be removed or concealed if notice was given; serious harm (economic and reputational) would be caused to the claimant if the order was not granted; and the order was proportionate, with safeguards to protect the defendants' interests.

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 health and safety referrals.