Fairclough v Tosi Ltd & Anor [2022] EWHC 2714 (Ch) (27 October 2022)

Fairclough v Tosi Ltd & Anor [2022] EWHC 2714 (Ch) (27 October 2022)

The respondent is required to answer the petitioner's requests for further information under CPR Part 18 because the information sought is reasonably necessary and proportionate for the petitioner to understand and respond to the allegations, and to conduct disclosure. The respondent's refusal to provide such information until later stages is not justified under the rules.

Citation
[2022] EWHC 2714 (Ch)
Parties
Petitioner/applicant: Emma Fairclough; First Respondent: Tosi Limited; Second Respondent: 99 Hippos Limited
Jurisdiction
England and Wales
Judgment Date
27 October 2022
Procedural Posture
Unfair Prejudice Petition (cross Petition) / Application for Further Information Under CPR Part 18
Outcome
Application granted
Legal Topics
Unfair Prejudice, Disclosure, Further Information, Directors' Duties, Shareholder Disputes
Company Law Civil Procedure Unfair Prejudice Disclosure Further Information Directors' Duties Shareholder Disputes

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Emma Fairclough

Petitioner/applicant

Tosi Limited

First Respondent

99 Hippos Limited

Second Respondent

Procedural Posture

Unfair Prejudice Petition (cross Petition) / Application for Further Information Under CPR Part 18

Legal Issues

  1. 1 Whether the respondent must provide further information under CPR Part 18 in response to specific requests by the petitioner in an unfair prejudice petition.

Ratio Decidendi

The respondent is required to answer the petitioner's requests for further information under CPR Part 18 because the information sought is reasonably necessary and proportionate for the petitioner to understand and respond to the allegations, and to conduct disclosure. The respondent's refusal to provide such information until later stages is not justified under the rules.

Court Disposition

Application granted

Orders

  • Respondent to answer the petitioner's requests for further information within 14 days, by 4 pm on 10 November 2022.