Cadogan Petroleum Plc & Ors v Tolley & Ors [2009] EWHC 3291 (Ch) (16 December 2009)

Cadogan Petroleum Plc & Ors v Tolley & Ors [2009] EWHC 3291 (Ch) (16 December 2009)

Applicants are entitled to disclosure of those parts of the Settlement Agreement necessary for fair and just disposal of the trial; confidentiality concerns of former GPS Defendants must be protected, and only relevant parts should be disclosed, not the entire agreement.

Citation
[2009] EWHC 3291 (Ch)
Parties
Claimant: Cadogan Petroleum Plc; Claimant: Cadogan Petroleum Holdings Ltd; Claimant: LLC Astroinvest-Ukraine; Claimant: US Enco Ukraine; Defendant: Mark Tolley; Defendant: Marksman International Ltd; Defendant: Natural Resource Ltd; Defendant: Vasyl Vivcharyk; Defendant: VPV Oil Investments LLC; Defendant: Smith Eurasia Ltd; Defendant: Vladimir Shlimak; Defendant: SonicGauge Inc; Defendant: Global Process Systems LLC; Defendant: Global Process Systems Inc; Defendant: Clint Elgar; Defendant: Anthony Wright; Defendant: Wayne Goranson; Defendant: AOE Energy Inc; Defendant: Philip March
Jurisdiction
England and Wales
Judgment Date
16 December 2009
Procedural Posture
Disclosure Application in Ongoing Civil Proceedings / Interlocutory Application
Outcome
Application granted in principle; disclosure ordered of relevant parts of Settlement Agreement only.
Legal Topics
Disclosure of Documents, Confidentiality, Settlement Agreements, Contribution Between Tortfeasors, Mitigation of Loss
Civil Procedure Commercial Law Disclosure of Documents Confidentiality Settlement Agreements Contribution Between Tortfeasors Mitigation of Loss

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Parties

Cadogan Petroleum Plc

Claimant

Cadogan Petroleum Holdings Ltd

Claimant

LLC Astroinvest-Ukraine

Claimant

US Enco Ukraine

Claimant

Mark Tolley

Defendant

Marksman International Ltd

Defendant

Natural Resource Ltd

Defendant

Vasyl Vivcharyk

Defendant

VPV Oil Investments LLC

Defendant

Smith Eurasia Ltd

Defendant

Vladimir Shlimak

Defendant

SonicGauge Inc

Defendant

Global Process Systems LLC

Defendant

Global Process Systems Inc

Defendant

Clint Elgar

Defendant

Anthony Wright

Defendant

Wayne Goranson

Defendant

AOE Energy Inc

Defendant

Philip March

Defendant

Procedural Posture

Disclosure Application in Ongoing Civil Proceedings / Interlocutory Application

Legal Issues

  1. 1 Whether the Settlement Agreement should be disclosed to remaining defendants
  2. 2 Extent of disclosure required for fair disposal of proceedings
  3. 3 Balancing confidentiality against necessity for fair trial

Ratio Decidendi

Applicants are entitled to disclosure of those parts of the Settlement Agreement necessary for fair and just disposal of the trial; confidentiality concerns of former GPS Defendants must be protected, and only relevant parts should be disclosed, not the entire agreement.

Court Disposition

Application granted in principle; disclosure ordered of relevant parts of Settlement Agreement only.

Orders

  • Claimants to disclose relevant parts of Settlement Agreement necessary for fair disposal of proceedings.
  • Inspection mechanism to be agreed between parties or ordered by court if not agreed.