Slade v Abbhi

The Part 71 examination was a public hearing, engaging the exception in CPR r 31.22(1)(a), but the Defendant's Article 8 privacy rights justified restricting the use of disclosed documents to enforcement proceedings only, prohibiting wider dissemination.

Parties: Claimant: Richard John Slade; Defendant: Deepak Abbhi
Jurisdiction: England and Wales
Judgment Date: 06 August 2020
Procedural Posture: Judgment Debtor Examination (cpr Part 71) / Ruling on Defendant's Application to Restrict Use of Disclosed Documents
Outcome: Application under grounds (1) and (2) dismissed; application under ground (3) granted.
Legal Topics: Use of Disclosed Documents, Open Justice, Confidentiality, Implied Undertaking, Public Vs Private Hearings

Civil Procedure Privacy Law Human Rights Use of Disclosed Documents Open Justice Confidentiality Implied Undertaking Public Vs Private Hearings

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 16 Party arguments 2 Amounts and remedies 1

Parties

Richard John Slade

Claimant

Deepak Abbhi

Defendant

Procedural Posture

Judgment Debtor Examination (cpr Part 71) / Ruling on Defendant's Application to Restrict Use of Disclosed Documents

Legal Issues

1 Whether CPR r 31.22(1)(a) exception is engaged for Part 71 documents
2 Whether Part 71 examination is a public hearing
3 Whether an order for a private hearing should be made

Ratio Decidendi

Court Disposition

Application under grounds (1) and (2) dismissed; application under ground (3) granted.

Orders

Claimant may only use Part 71 documents for subsequent enforcement proceedings.
Claimant may not share the existence or content of Part 71 documents with any other third party.