Peters & Anor v Andrew

Peters & Anor v Andrew

The witness summonses are not to be set aside because the production of the phone records is necessary and relevant to the arbitration, the intrusion is proportionate and limited, and there is no evidence of improper collateral purpose. The arbitrators' assessment of necessity and relevance is entitled to respect.

Parties
Claimant: Stuart Peters; Claimant: Mitchell Thomas; Defendant: Skylet Andrew
Jurisdiction
England and Wales
Judgment Date
26 June 2009
Procedural Posture
Application to Set Aside Witness Summonses / Ruling on Application
Outcome
Application dismissed
Legal Topics
Witness Summons, Disclosure of Documents, Arbitration Proceedings
Civil Procedure Arbitration Witness Summons Disclosure of Documents Arbitration Proceedings

Case Brief

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Parties

Stuart Peters

Claimant

Mitchell Thomas

Claimant

Skylet Andrew

Defendant

Procedural Posture

Application to Set Aside Witness Summonses / Ruling on Application

Legal Issues

  1. 1 Whether the witness summonses issued in aid of arbitration should be set aside under CPR 34.4(2)
  2. 2 Whether the production of itemised phone bills is necessary and relevant to the arbitration
  3. 3 Whether the summonses amount to a fishing expedition or are oppressive

Ratio Decidendi

The witness summonses are not to be set aside because the production of the phone records is necessary and relevant to the arbitration, the intrusion is proportionate and limited, and there is no evidence of improper collateral purpose. The arbitrators' assessment of necessity and relevance is entitled to respect.

Court Disposition

Application dismissed

Orders

  • Witness summonses are not set aside