Global Torch Ltd. & Ors v Apex Global Management [2013] EWCA Civ 507 (18 April 2013)

Global Torch Ltd. & Ors v Apex Global Management [2013] EWCA Civ 507 (18 April 2013)

There are arguable grounds of appeal that the judge misapplied the legal test for interim privacy protection and failed to properly balance the competing rights under the Human Rights Act, justifying permission to appeal.

Source-derived case information.

Citation
[2013] EWCA Civ 507
Parties
Applicants: Global Torch Limited and Others; Respondent: Apex Global Management
Jurisdiction
England and Wales
Judgment Date
18 April 2013
Procedural Posture
Appeal / Oral Renewal of Application for Permission to Appeal
Outcome
Permission to appeal granted
Legal Topics
Open Justice, Privacy in Court Proceedings, Shareholder Disputes, Sovereign Immunity, Access to Court Documents
Civil Procedure Company Law Human Rights Open Justice Privacy in Court Proceedings Shareholder Disputes Sovereign Immunity Access to Court Documents

Source-derived case record

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 2 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Global Torch Limited and Others

Applicants

Apex Global Management

Respondent

Procedural Posture

Appeal / Oral Renewal of Application for Permission to Appeal

Legal Issues

  1. 1 Whether privacy orders should be granted to prevent public ventilation of allegations pending determination of sovereign immunity and jurisdiction issues
  2. 2 Whether the principle of open justice should prevail over privacy and reputation concerns in interim applications
  3. 3 Whether the judge applied the correct legal test for interim protection under CPR 39.2(3)

Ratio Decidendi

There are arguable grounds of appeal that the judge misapplied the legal test for interim privacy protection and failed to properly balance the competing rights under the Human Rights Act, justifying permission to appeal.

Court Disposition

Permission to appeal granted

Orders

  • Application for permission to appeal is granted on all grounds
  • Appeal to proceed on an expedited basis