Marketmaker Technology Ltd & Ors v CMS Group Plc & Ors

Marketmaker Technology Ltd & Ors v CMS Group Plc & Ors

The fourth claimant, by commencing proceedings and subsequent conduct, submitted to the jurisdiction of the court, making permission to serve out unnecessary. Disclosure obligations continue until full disclosure is given. The general rule from Polanski applies: unwillingness to attend in person due to risk of...

Source-derived case information.

Parties
Claimant: Marketmaker Technology Limited & Ors.; Defendant: CMC Group PLC & Ors.; Fourth Claimant: Naser Taher
Jurisdiction
England and Wales
Judgment Date
12 June 2008
Procedural Posture
Civil / Ruling on Applications to Set Aside Orders and for Directions Regarding Committal Proceedings
Outcome
Applications to set aside orders granted in part; leave to give evidence by video link granted; costs awarded in part.
Legal Topics
Jurisdiction, Service Out of Jurisdiction, Submission to Jurisdiction, Disclosure Obligations, Video Link Evidence, Costs
Civil Procedure Contempt of Court Jurisdiction Service Out of Jurisdiction Submission to Jurisdiction Disclosure Obligations Video Link Evidence Costs

Source-derived case record

Summary, issues, holding and outcome

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Parties

Marketmaker Technology Limited & Ors.

Claimant

CMC Group PLC & Ors.

Defendant

Naser Taher

Fourth Claimant

Procedural Posture

Civil / Ruling on Applications to Set Aside Orders and for Directions Regarding Committal Proceedings

Legal Issues

  1. 1 Whether permission to serve committal application out of jurisdiction was required
  2. 2 Whether the fourth claimant submitted to the jurisdiction
  3. 3 Whether orders enlarging disclosure obligations should be set aside

Ratio Decidendi

The fourth claimant, by commencing proceedings and subsequent conduct, submitted to the jurisdiction of the court, making permission to serve out unnecessary. Disclosure obligations continue until full disclosure is given. The general rule from Polanski applies: unwillingness to attend in person due to risk of arrest is not a ground to refuse video link evidence. Orders enlarging disclosure obligations and requiring personal attendance are set aside. Application notice wording is adequate when read with attached draft order.

Court Disposition

Applications to set aside orders granted in part; leave to give evidence by video link granted; costs awarded in part.

Orders

  • Order of Swift J. requiring personal attendance set aside; leave granted for fourth claimant to give evidence by video link.
  • Order enlarging disclosure obligations set aside.