Anglia Research Services Ltd & Anor v Finders Genealogists Ltd & Anor

Anglia Research Services Ltd & Anor v Finders Genealogists Ltd & Anor

The court has jurisdiction to grant pre-action disclosure for contemplated second proceedings, not for causes of action already sued on, as concurrent actions for distinct causes are not abusive and disclosure is desirable to clarify the extent of harm and inform litigation decisions.

Source-derived case information.

Parties
Claimant: Anglia Research Services Ltd; Claimant: Philip Turvey; Defendant: Finders Genealogists Ltd; Defendant: Daniel Curran
Jurisdiction
England and Wales
Judgment Date
17 February 2016
Procedural Posture
Disclosure Application / Pre Action Disclosure Order
Outcome
Pre-action disclosure order granted
Legal Topics
Pre Action Disclosure, Jurisdiction, Defamation, Harassment, Standard Disclosure, Limitation Period
Civil Procedure Defamation Harassment Pre Action Disclosure Jurisdiction Standard Disclosure Limitation Period

Source-derived case record

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Parties

Anglia Research Services Ltd

Claimant

Philip Turvey

Claimant

Finders Genealogists Ltd

Defendant

Daniel Curran

Defendant

Procedural Posture

Disclosure Application / Pre Action Disclosure Order

Legal Issues

  1. 1 Whether the court has jurisdiction to grant pre-action disclosure under CPR 31.16 after proceedings have commenced
  2. 2 Whether pre-action disclosure is desirable for fair disposal, resolution without proceedings, or cost-saving

Ratio Decidendi

The court has jurisdiction to grant pre-action disclosure for contemplated second proceedings, not for causes of action already sued on, as concurrent actions for distinct causes are not abusive and disclosure is desirable to clarify the extent of harm and inform litigation decisions.

Court Disposition

Pre-action disclosure order granted

Orders

  • Defendants to disclose documents containing or referring to the defamatory Change.org petition, its URL, PDF file, or other versions, relevant to contemplated second proceedings