Carlco Ltd v Dyfed-Powys [2002] EWCA Civ 1330 (12 September 2002)
There was an arguable case that the claimant made a bona fide attempt to comply with the disclosure order and that the judge's exercise of discretion in striking out the claim may have been flawed, warranting permission to appeal.
- Citation
- [2002] EWCA Civ 1330
- Parties
- Claimant/applicant: Carlco Ltd; Defendant/respondent: Chief Constable of Dyfed-Powys
- Jurisdiction
- England and Wales
- Judgment Date
- 12 September 2002
- Procedural Posture
- Civil Appeal / Application for Permission to Appeal
- Outcome
- Permission to appeal granted
- Legal Topics
- Striking Out Claim, Disclosure Obligations, Company Officer Authorisation, Misfeasance in Public Office, Breach of Confidence
Case Brief
Summary, issues, holding and outcome
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Parties
Carlco Ltd
Claimant/applicant
Chief Constable of Dyfed-Powys
Defendant/respondent
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Legal Issues
- 1 Whether the claimant complied with a peremptory disclosure order
- 2 Whether the statement was made by a properly authorised officer of the claimant company
- 3 Whether the judge erred in striking out the claim for non-compliance with the order
Ratio Decidendi
There was an arguable case that the claimant made a bona fide attempt to comply with the disclosure order and that the judge's exercise of discretion in striking out the claim may have been flawed, warranting permission to appeal.
Court Disposition
Permission to appeal granted
Orders
- Application for permission to appeal allowed
- No order for costs
Full Case Text
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