Glidepath Holding BV & Ors v Thompson & Ors
The application for disclosure under CPR 5.4(5) was inappropriate as the applicant was not a party to the proceedings and the documents sought should be requested in the relevant tribunal or court. There was no realistic prospect of success on appeal against the refusal of disclosure or the order for costs.
- Parties
- Applicant: Glidepath Holding BV & Ors; Respondent: Thompson & Ors
- Jurisdiction
- England and Wales
- Judgment Date
- 28 July 2005
- Procedural Posture
- Civil Appeal / Application for Permission to Appeal
- Outcome
- Application refused
- Legal Topics
- Disclosure of Documents, Costs, Appeal Procedure
Case Brief
Summary, issues, holding and outcome
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Parties
Glidepath Holding BV & Ors
Applicant
Thompson & Ors
Respondent
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Legal Issues
- 1 Whether the applicant is entitled to disclosure of documents from the court file under CPR 5.4(5)
- 2 Whether the order for costs against the applicant was proper
Ratio Decidendi
The application for disclosure under CPR 5.4(5) was inappropriate as the applicant was not a party to the proceedings and the documents sought should be requested in the relevant tribunal or court. There was no realistic prospect of success on appeal against the refusal of disclosure or the order for costs.
Court Disposition
Application refused
Orders
- Permission to appeal refused
- No order altering costs
Full Case Text
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