Permavent Ltd & Anor v Makin

Permavent Ltd & Anor v Makin

The application for specific disclosure is dismissed because the settlement agreement provides an adequate audit mechanism for verifying payments, and the only obstacle to its operation is a misunderstanding regarding confidentiality undertakings. The defendant's accountant will have access to unredacted documents, and any necessary information can be reported to the defendant. Additional disclosure would be unnecessarily onerous and would risk disclosure of confidential information beyond what is contractually required.

Parties
Claimant: Permavent Limited; Claimant: Greenhill Industrial Holdings Limited; Defendant: Stephen John Makin
Jurisdiction
England and Wales
Judgment Date
17 December 2020
Procedural Posture
Civil / Application for Specific Disclosure
Outcome
Application dismissed
Legal Topics
Disclosure, Settlement Agreement, Audit Rights, Confidentiality Undertakings
Contract Law Civil Procedure Disclosure Settlement Agreement Audit Rights Confidentiality Undertakings

Case Brief

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Parties

Permavent Limited

Claimant

Greenhill Industrial Holdings Limited

Claimant

Stephen John Makin

Defendant

Procedural Posture

Civil / Application for Specific Disclosure

Legal Issues

  1. 1 Whether the defendant is entitled to specific disclosure beyond the audit mechanism in the settlement agreement
  2. 2 Whether the confidentiality undertakings proposed by the claimants are reasonable
  3. 3 Whether the claimants are obliged to provide unredacted documents to the defendant's accountant

Ratio Decidendi

The application for specific disclosure is dismissed because the settlement agreement provides an adequate audit mechanism for verifying payments, and the only obstacle to its operation is a misunderstanding regarding confidentiality undertakings. The defendant's accountant will have access to unredacted documents, and any necessary information can be reported to the defendant. Additional disclosure would be unnecessarily onerous and would risk disclosure of confidential information beyond what is contractually required.

Court Disposition

Application dismissed

Orders

  • No order as to costs