First Property Growth Partnership Llp v Banco Di Roma Spa [2006] EWHC 257 (TCC) (21 February 2006)

First Property Growth Partnership Llp v Banco Di Roma Spa [2006] EWHC 257 (TCC) (21 February 2006)

The Defendant's application for an Unless Order was disproportionate and inappropriate given the Claimant's ongoing efforts to comply, and the application was improperly made without notice. Both parties contributed to the situation: the Claimant's original disclosure was deficient, but the Defendant's conduct in seeking an Unless Order without notice was unreasonable. Therefore, no order as to costs is made; each party bears their own costs.

Citation
[2006] EWHC 257 (TCC)
Parties
Claimant: First Property Growth Partnership LLP; Defendant: Banco di Roma SPA
Jurisdiction
England and Wales
Judgment Date
21 February 2006
Procedural Posture
Terminal Dilapidations Claim / Interlocutory Application for Specific Disclosure
Outcome
Application for specific disclosure granted in agreed terms; no order as to costs.
Legal Topics
Disclosure of Documents, Interlocutory Applications, Costs Orders
Civil Procedure Disclosure of Documents Interlocutory Applications Costs Orders

Case Brief

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Parties

First Property Growth Partnership LLP

Claimant

Banco di Roma SPA

Defendant

Procedural Posture

Terminal Dilapidations Claim / Interlocutory Application for Specific Disclosure

Legal Issues

  1. 1 Whether an Unless Order for disclosure should be granted without notice
  2. 2 Whether the conduct of the parties justified a costs order

Ratio Decidendi

The Defendant's application for an Unless Order was disproportionate and inappropriate given the Claimant's ongoing efforts to comply, and the application was improperly made without notice. Both parties contributed to the situation: the Claimant's original disclosure was deficient, but the Defendant's conduct in seeking an Unless Order without notice was unreasonable. Therefore, no order as to costs is made; each party bears their own costs.

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.