Cadogan Petroleum Plc & Ors v Tolley & Ors

Cadogan Petroleum Plc & Ors v Tolley & Ors

Disclosure of the Settlement Agreement is ordered to the extent that its provisions are relevant to the issues in the proceedings, specifically as to recoverable loss, mitigation, and possible waiver or release. Confidentiality does not override the need for a fair trial, and appropriate safeguards can be put in place. Clauses not relevant to the subject matter of the litigation are not to be disclosed unless their relevance emerges later.

Parties
Claimant: Cadogan Petroleum Plc; Claimant: Cadogan Petroleum Holdings Ltd; Claimant: LLC Astroinvest-Ukraine; Claimant: US Enco Ukraine; Claimant: LLC Cadogan Ukraine; Claimant: Colby Petroleum Ltd; Claimant: LLC Gazvydobuvannia; Claimant: LLC Astronivest-Energy; Claimant: JV Kolomiyska Nafto Gazova Kompaniya; Claimant: OJSC Agtonaftogasterchservice; 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; Defendant: Olga Konoshchuk; Defendant: Rebelant Ltd; Defendant: Vitaliy Podolyaka; Defendant: Bohai Energy Services Ltd; Defendant: SC Invest Point Consulting Grup SRL
Jurisdiction
England and Wales
Judgment Date
18 May 2010
Procedural Posture
Civil / Interlocutory Application for Disclosure
Outcome
Application for disclosure granted in part
Legal Topics
Disclosure of Documents, Confidentiality in Litigation, Settlement Agreements
Civil Procedure Disclosure of Documents Confidentiality in Litigation Settlement Agreements

Case Brief

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Parties

Cadogan Petroleum Plc

Claimant

Cadogan Petroleum Holdings Ltd

Claimant

LLC Astroinvest-Ukraine

Claimant

US Enco Ukraine

Claimant

LLC Cadogan Ukraine

Claimant

Colby Petroleum Ltd

Claimant

LLC Gazvydobuvannia

Claimant

LLC Astronivest-Energy

Claimant

JV Kolomiyska Nafto Gazova Kompaniya

Claimant

OJSC Agtonaftogasterchservice

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

Olga Konoshchuk

Defendant

Rebelant Ltd

Defendant

Vitaliy Podolyaka

Defendant

Bohai Energy Services Ltd

Defendant

SC Invest Point Consulting Grup SRL

Defendant

Procedural Posture

Civil / Interlocutory Application for Disclosure

Legal Issues

  1. 1 Whether the Settlement Agreement should be disclosed to the Applicants despite confidentiality provisions
  2. 2 Relevance of the Settlement Agreement to the issues in the proceedings

Ratio Decidendi

Disclosure of the Settlement Agreement is ordered to the extent that its provisions are relevant to the issues in the proceedings, specifically as to recoverable loss, mitigation, and possible waiver or release. Confidentiality does not override the need for a fair trial, and appropriate safeguards can be put in place. Clauses not relevant to the subject matter of the litigation are not to be disclosed unless their relevance emerges later.

Court Disposition

Application for disclosure granted in part

Orders

  • Disclosure of Settlement Agreement clauses 1-8 (except 4(e), 4(f), and 8), 9-22, and 31-52 to the Applicants, subject to relevance and confidentiality safeguards.
  • No disclosure of clauses 23-30 unless their relevance emerges later; parties to notify and apply to court if further disclosure is sought.