Glidepath Holding BV & Ors v Thompson & Ors [2005] EWCA Civ 1071 (28 July 2005)

Glidepath Holding BV & Ors v Thompson & Ors [2005] EWCA Civ 1071 (28 July 2005)

It is inappropriate to use CPR 5.4(5) in one set of proceedings to obtain documents for use in another forum; the proper course is to apply in the relevant proceedings. There is no realistic prospect of success on appeal against the refusal of disclosure or the costs order.

Citation
[2005] EWCA Civ 1071
Parties
Applicant: Glidepath Holding BV & Ors; Respondent: Thompson & Ors; Applicant (in Person): Mr Onwuka; First Defendant: Mr John Thompson
Jurisdiction
England and Wales
Judgment Date
28 July 2005
Procedural Posture
Application for Permission to Appeal (civil) / Court of Appeal, Application for Permission to Appeal From High Court Order
Outcome
Application for permission to appeal refused
Legal Topics
Disclosure of Documents, Costs Orders, Use of Court Documents in Other Proceedings, CPR 5.4(5), Employment Tribunal Procedure, Freezing Orders
Civil Procedure Employment Law Commercial Law Disclosure of Documents Costs Orders Use of Court Documents in Other Proceedings CPR 5.4(5) Employment Tribunal Procedure +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Glidepath Holding BV & Ors

Applicant

Thompson & Ors

Respondent

Mr Onwuka

Applicant (in Person)

Mr John Thompson

First Defendant

Procedural Posture

Application for Permission to Appeal (civil) / Court of Appeal, Application for Permission to Appeal From High Court Order

Legal Issues

  1. 1 Whether the applicant is entitled to disclosure of documents from the court file under CPR 5.4(5) for use in other proceedings
  2. 2 Whether the costs order against the applicant was appropriate

Ratio Decidendi

It is inappropriate to use CPR 5.4(5) in one set of proceedings to obtain documents for use in another forum; the proper course is to apply in the relevant proceedings. There is no realistic prospect of success on appeal against the refusal of disclosure or the costs order.

Court Disposition

Application for permission to appeal refused

Orders

  • Application for permission to appeal refused
  • No order altering the costs order of Colman J