Maher v Maher & Anor
It would not be reasonable and proportionate, given the imminent trial and complexity, to order specific disclosure of the defendants' personal bank statements at this late stage; the application is dismissed in exercise of the court's discretionary case management powers and in furtherance of the overriding objective.
- Parties
- Claimant: Vincent Maher; Defendant: Brendan Maher; Defendant: Gerard Maher
- Jurisdiction
- England and Wales
- Judgment Date
- 26 November 2019
- Procedural Posture
- Civil / Ruling on Application for Specific Disclosure
- Outcome
- application dismissed
- Legal Topics
- Specific Disclosure, Trustee Removal, Disclosure Pilot, Case Management
Case Brief
Summary, issues, holding and outcome
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Parties
Vincent Maher
Claimant
Brendan Maher
Defendant
Gerard Maher
Defendant
Procedural Posture
Civil / Ruling on Application for Specific Disclosure
Legal Issues
- 1 Whether specific disclosure of defendants' personal bank statements should be ordered
- 2 Whether defendants used company funds to pay legal costs
Ratio Decidendi
It would not be reasonable and proportionate, given the imminent trial and complexity, to order specific disclosure of the defendants' personal bank statements at this late stage; the application is dismissed in exercise of the court's discretionary case management powers and in furtherance of the overriding objective.
Court Disposition
application dismissed
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