Fanmailuk.Com Ltd & Anor v Cooper & Ors

Fanmailuk.Com Ltd & Anor v Cooper & Ors

Disclosure sought from Standard Chartered Bank is not necessary to dispose fairly of the claim against MCashback or to save costs, as Dialtime already possesses essential documents and will face no opposition in the quantum hearing. Therefore, the application under CPR 31.17 is dismissed.

Parties
Claimant: FanmailUK.com Limited; Claimant: Paul Burtenshaw; Claimant: Dialtime Plus Limited; Defendant: Robert Cooper; Defendant: David Cooper; Defendant: Ahmed Zghari; Defendant: MCashback Limited; Defendant: Yvonne Wayne; Non Party: Standard Chartered Bank
Jurisdiction
England and Wales
Judgment Date
21 October 2010
Procedural Posture
Application for Third Party Disclosure / Ruling on Application Under CPR 31.17
Outcome
application dismissed
Legal Topics
Third Party Disclosure, Breach of Fiduciary Duty, Account of Profits, Equitable Compensation, Non Party Costs Orders
Civil Procedure Company Law Equity Third Party Disclosure Breach of Fiduciary Duty Account of Profits Equitable Compensation Non Party Costs Orders

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Parties

FanmailUK.com Limited

Claimant

Paul Burtenshaw

Claimant

Dialtime Plus Limited

Claimant

Robert Cooper

Defendant

David Cooper

Defendant

Ahmed Zghari

Defendant

MCashback Limited

Defendant

Yvonne Wayne

Defendant

Standard Chartered Bank

Non Party

Procedural Posture

Application for Third Party Disclosure / Ruling on Application Under CPR 31.17

Legal Issues

  1. 1 Whether disclosure from Standard Chartered Bank under CPR 31.17 is necessary to dispose fairly of the claim or to save costs
  2. 2 Whether the documents sought are likely to support Dialtime's case against MCashback

Ratio Decidendi

Disclosure sought from Standard Chartered Bank is not necessary to dispose fairly of the claim against MCashback or to save costs, as Dialtime already possesses essential documents and will face no opposition in the quantum hearing. Therefore, the application under CPR 31.17 is dismissed.

Court Disposition

application dismissed