First Property Growth Partnership Llp v Banco Di Roma Spa

The Defendant's application for an Unless Order was disproportionate and inappropriate given the Claimant's ongoing efforts to comply; the application was improperly made without notice and the costs should not be awarded to either party.

Parties: Claimant: First Property Growth Partnership LLP; Defendant: Banco di Roma SPA
Jurisdiction: England and Wales
Judgment Date: 21 February 2006
Procedural Posture: Civil / Interlocutory Application for Specific Disclosure
Outcome: Application for specific disclosure granted in agreed terms; no order as to costs.
Legal Topics: Disclosure, Costs, Interlocutory Applications, Unless Orders

Civil Procedure Disclosure Costs Interlocutory Applications Unless Orders

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Parties

First Property Growth Partnership LLP

Claimant

Banco di Roma SPA

Defendant

Procedural Posture

Civil / Interlocutory Application for Specific Disclosure

Legal Issues

1 Whether the Defendant was entitled to an Unless Order for specific disclosure
2 Appropriateness of making an application without notice
3 Allocation of costs for the application

Ratio Decidendi

Court Disposition

Application for specific disclosure granted in agreed terms; no order as to costs.

Orders

Claimant to provide a Witness Statement from its Principal addressing outstanding items in the Schedule.
Claimant to provide a Supplemental List of Documents in proper form, verified by a Statement.