CAMBERLEY GROUP & Ors v PAUL FOSTER & Ors

CAMBERLEY GROUP & Ors v PAUL FOSTER & Ors

Applications for non-party disclosure against Peter Foster and CJ Carter Limited dismissed due to failure to demonstrate proper service and failure to identify the correct legal entity. Claimants ordered to pay costs to First Defendant on indemnity basis due to unreasonable conduct. Second and Third Defendants...

Source-derived case information.

Parties
Claimant: Camberley Group; Claimant: Cam Lock Limited; Claimant: Broadoak Manufacturing Limited; Defendant: Mr Paul Foster; Defendant: Mr Mark Pilling; Defendant: Ms Suchada Churat; Non Party Respondent: Peter Foster; Non Party Respondent: CJ Carter Limited
Jurisdiction
England and Wales
Judgment Date
27 May 2022
Procedural Posture
Civil / Interlocutory Application for Disclosure and Costs
Outcome
Applications for non-party disclosure dismissed. Costs orders made.
Legal Topics
Disclosure, Costs, Service of Documents, Non Party Disclosure
Civil Procedure Disclosure Costs Service of Documents Non Party Disclosure

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Parties

Camberley Group

Claimant

Cam Lock Limited

Claimant

Broadoak Manufacturing Limited

Claimant

Mr Paul Foster

Defendant

Mr Mark Pilling

Defendant

Ms Suchada Churat

Defendant

Peter Foster

Non Party Respondent

CJ Carter Limited

Non Party Respondent

Procedural Posture

Civil / Interlocutory Application for Disclosure and Costs

Legal Issues

  1. 1 Whether non-party disclosure orders should be granted against Peter Foster and CJ Carter Limited
  2. 2 Whether the Claimants properly served Peter Foster
  3. 3 Whether the correct legal entity was served in the application against CJ Carter Limited

Ratio Decidendi

Applications for non-party disclosure against Peter Foster and CJ Carter Limited dismissed due to failure to demonstrate proper service and failure to identify the correct legal entity. Claimants ordered to pay costs to First Defendant on indemnity basis due to unreasonable conduct. Second and Third Defendants ordered to pay Claimants' costs for breach of disclosure order.

Court Disposition

Applications for non-party disclosure dismissed. Costs orders made.

Orders

  • Application for non-party disclosure against Peter Foster dismissed for lack of proper service.
  • Application for non-party disclosure against CJ Carter Limited dismissed for failure to identify correct legal entity.