Cadogan Petroleum Plc & Ors v Tolley & Ors

Cadogan Petroleum Plc & Ors v Tolley & Ors

Applicants are entitled to disclosure of those parts of the Settlement Agreement necessary for fair and just disposal of the trial, subject to mechanisms to protect confidentiality. Unlimited inspection is not granted; only relevant parts may be disclosed.

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
Civil / Interlocutory Application for Disclosure
Outcome
Applications granted in principle for partial disclosure.
Legal Topics
Disclosure, Confidentiality, Settlement Agreements, Fair Trial, Contribution, Mitigation of Loss
Civil Procedure Disclosure Confidentiality Settlement Agreements Fair Trial Contribution 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

Civil / Interlocutory Application for Disclosure

Legal Issues

  1. 1 Whether the applicants are entitled to disclosure and inspection of the Settlement Agreement.
  2. 2 Whether confidentiality can bar disclosure of relevant parts of the Settlement Agreement.
  3. 3 Whether disclosure is necessary for fair disposal of the proceedings.

Ratio Decidendi

Applicants are entitled to disclosure of those parts of the Settlement Agreement necessary for fair and just disposal of the trial, subject to mechanisms to protect confidentiality. Unlimited inspection is not granted; only relevant parts may be disclosed.

Court Disposition

Applications granted in principle for partial disclosure.

Orders

  • Applicants entitled to disclosure of relevant parts of the Settlement Agreement necessary for fair disposal of the trial.
  • Inspection mechanism to be agreed between parties or ordered by the court.