Total E & P Soudan SA v Edmonds & Ors [2007] EWCA Civ 50 (31 January 2007)

Total E & P Soudan SA v Edmonds & Ors [2007] EWCA Civ 50 (31 January 2007)

The court upheld the judge's exercise of discretion in ordering pre-action disclosure of documents 1–10, finding that such disclosure was desirable to dispose fairly of anticipated proceedings and not a fishing expedition, but allowed the appeal to the extent of deleting category 11 from the order due to lack of jurisdiction and insufficient justification.

Citation
[2007] EWCA Civ 50
Parties
Applicant/respondent: TOTAL E & P SOUDAN S. A.; Respondents/appellants: EDMONDS & ORS.
Jurisdiction
England and Wales
Judgment Date
31 January 2007
Procedural Posture
Appeal / Court of Appeal Judgment on Pre Action Disclosure Order
Outcome
Appeal allowed in part
Legal Topics
Pre Action Disclosure, Economic Torts, Justiciability, Forum Conveniens, Inducement of Breach of Contract
Civil Procedure Commercial Law International Law Pre Action Disclosure Economic Torts Justiciability Forum Conveniens Inducement of Breach of Contract

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Parties

TOTAL E & P SOUDAN S. A.

Applicant/respondent

EDMONDS & ORS.

Respondents/appellants

Procedural Posture

Appeal / Court of Appeal Judgment on Pre Action Disclosure Order

Legal Issues

  1. 1 Whether pre-action disclosure under CPR 31.16 should be ordered where complex legal issues are raised
  2. 2 Whether the claim is justiciable in English courts
  3. 3 Whether the English courts are the appropriate forum

Ratio Decidendi

The court upheld the judge's exercise of discretion in ordering pre-action disclosure of documents 1–10, finding that such disclosure was desirable to dispose fairly of anticipated proceedings and not a fishing expedition, but allowed the appeal to the extent of deleting category 11 from the order due to lack of jurisdiction and insufficient justification.

Court Disposition

Appeal allowed in part

Orders

  • Order for pre-action disclosure of documents 1–10 upheld
  • Category 11 deleted from disclosure order