Hinchcliffe v HSBC Plc & Anor [2002] EWCA Civ 1165 (5 July 2002)

Hinchcliffe v HSBC Plc & Anor [2002] EWCA Civ 1165 (5 July 2002)

The application was refused because the trial judge acted within his discretion in denying disclosure of documents not relevant to the pleaded issue of share valuation as at the date of sale, and there was no real prospect of the appeal succeeding.

Citation
[2002] EWCA Civ 1165
Parties
Applicant: Gordon Hinchcliffe; Respondent: HSBC PLC; Respondent: Tony Thornbury
Jurisdiction
England and Wales
Judgment Date
05 July 2002
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Application for permission to appeal refused
Legal Topics
Disclosure of Documents, Case Management, Share Valuation, Forensic Accounting
Civil Procedure Disclosure of Documents Case Management Share Valuation Forensic Accounting

Case Brief

Summary, issues, holding and outcome

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Parties

Gordon Hinchcliffe

Applicant

HSBC PLC

Respondent

Tony Thornbury

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the lower court erred in refusing disclosure of bank statements for Nortile Distributors Limited's accounts from 1991 to February 1994
  2. 2 Whether such disclosure was necessary for the fair determination of the share valuation dispute

Ratio Decidendi

The application was refused because the trial judge acted within his discretion in denying disclosure of documents not relevant to the pleaded issue of share valuation as at the date of sale, and there was no real prospect of the appeal succeeding.

Court Disposition

Application for permission to appeal refused

Orders

  • Application dismissed
  • No order for disclosure of documents