CALOR GAS LIMITED v JAMES STEPHEN WILSON

CALOR GAS LIMITED v JAMES STEPHEN WILSON

The Claimant demonstrated a strong prima facie case, clear evidence of incriminating items, risk of removal, serious harm, and proportionality, justifying the grant of search and related orders against the Defendants.

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
Civil / Ex Parte Application for Search and Related Orders
Outcome
Search and related orders granted ex parte in favour of the Claimant.
Legal Topics
Search Orders, Breach of Contract, Trespass to Goods, Passing Off, Unlawful Means Conspiracy, Safety Standards
Civil Procedure Contract Law Tort Law Search Orders Breach of Contract Trespass to Goods Passing Off Unlawful Means Conspiracy +1 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

Civil / Ex Parte Application for Search and Related Orders

Legal Issues

  1. 1 Whether the Claimant is entitled to search orders and related relief against the Defendants
  2. 2 Whether the Defendants breached contractual and proprietary rights of the Claimant
  3. 3 Whether there is risk of removal or concealment of incriminating evidence

Ratio Decidendi

The Claimant demonstrated a strong prima facie case, clear evidence of incriminating items, risk of removal, serious harm, and proportionality, justifying the grant of search and related orders against the Defendants.

Court Disposition

Search and related orders granted ex parte in favour of the Claimant.

Orders

  • Claimant granted search orders against Defendants.
  • Seizure limited to Claimant’s LPG cylinders.