Canary Riverside Estate Management Ltd v Circus Apartments Ltd

Canary Riverside Estate Management Ltd v Circus Apartments Ltd

The claimant's application for specific disclosure is refused except for hearing submissions on disclosure of bank statements showing actual rent paid. The defendant's application for specific disclosure is granted, requiring the claimant to conduct further searches using specified keywords and custodians, as the claimant's disclosure was found deficient and not compliant with standard disclosure obligations.

Parties
Claimant: Canary Riverside Estate Management Limited; Defendant: Circus Apartments Ltd
Jurisdiction
England and Wales
Judgment Date
31 January 2019
Procedural Posture
Civil / Ruling on Cross Applications for Specific Disclosure
Outcome
Claimant's application for specific disclosure refused (save for hearing on bank statements); defendant's application for specific disclosure granted.
Legal Topics
Specific Disclosure, Standard Disclosure, Waiver, Assignment and Underletting, Planning Consent, Breach of Lease, Forfeiture
Property Law Landlord and Tenant Civil Procedure Specific Disclosure Standard Disclosure Waiver Assignment and Underletting Planning Consent +2 more

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Parties

Canary Riverside Estate Management Limited

Claimant

Circus Apartments Ltd

Defendant

Procedural Posture

Civil / Ruling on Cross Applications for Specific Disclosure

Legal Issues

  1. 1 Whether the defendant and claimant have complied with their disclosure obligations under CPR 31.6 and CPR 31.12
  2. 2 Whether specific disclosure should be ordered against either party
  3. 3 Whether the claimant's refusal of consent to assignment and underletting was reasonable

Ratio Decidendi

The claimant's application for specific disclosure is refused except for hearing submissions on disclosure of bank statements showing actual rent paid. The defendant's application for specific disclosure is granted, requiring the claimant to conduct further searches using specified keywords and custodians, as the claimant's disclosure was found deficient and not compliant with standard disclosure obligations.

Court Disposition

Claimant's application for specific disclosure refused (save for hearing on bank statements); defendant's application for specific disclosure granted.

Orders

  • Claimant's application for specific disclosure is refused except for hearing submissions on bank statements showing actual rent paid.
  • Defendant's application for specific disclosure is granted; claimant must conduct further searches using specified keywords and custodians, and disclose any documents located as a result.