Centrehigh Ltd v Kare Amen & Ors [2013] EWHC 625 (Ch) (08 March 2013)

Centrehigh Ltd v Kare Amen & Ors [2013] EWHC 625 (Ch) (08 March 2013)

The court determined that the application for cross-examination of defendants' witnesses should be dismissed, as the case remains appropriate for summary disposal based on extensive documentary evidence and witness statements, and does not warrant a full trial of disputed factual matters in the context of a s.51 application.

Citation
[2013] EWHC 625 (Ch)
Parties
Claimant: Centrehigh Limited; Fourth Defendant: Joint Funding Partners Limited; Fifth Defendant: Telstar Music Group Limited; Defendants: Karen Amen & Ors.
Jurisdiction
England and Wales
Judgment Date
08 March 2013
Procedural Posture
Third Party Costs Application / Pre Trial Review
Outcome
Application for cross-examination dismissed
Legal Topics
Third Party Costs Orders, Summary Procedure, Cross Examination, Disclosure
Civil Procedure Costs Third Party Costs Orders Summary Procedure Cross Examination Disclosure

Case Brief

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Parties

Centrehigh Limited

Claimant

Joint Funding Partners Limited

Fourth Defendant

Telstar Music Group Limited

Fifth Defendant

Karen Amen & Ors.

Defendants

Procedural Posture

Third Party Costs Application / Pre Trial Review

Legal Issues

  1. 1 Whether claimants should be permitted to cross-examine defendants' witnesses in a s.51 application
  2. 2 Appropriate procedure for determination of third party costs order under s.51 Senior Courts Act 1981

Ratio Decidendi

The court determined that the application for cross-examination of defendants' witnesses should be dismissed, as the case remains appropriate for summary disposal based on extensive documentary evidence and witness statements, and does not warrant a full trial of disputed factual matters in the context of a s.51 application.

Court Disposition

Application for cross-examination dismissed

Orders

  • Claimants permitted to serve witness summary for Mr. Dixon
  • Time for further evidence by claimants extended to 4.30pm on 11 March 2013