Total E&P Soudan SA v Edmonds & Ors

Total E&P Soudan SA v Edmonds & Ors

The application for pre-action disclosure is granted because the jurisdictional requirements of CPR 31.16 are satisfied, the documents sought are relevant and would fall within standard disclosure, and disclosure is desirable to clarify the issues, assist in deciding whether to litigate, and in formulating the case. The respondents' objections based on justiciability and forum non conveniens are not sufficient to outweigh the applicant's entitlement to disclosure, especially as the documents were relied upon in public investment solicitation and are not confidential to a foreign sovereign.

Parties
Applicant: TOTAL E&P SOUDAN S. A.; Respondent: PHILIPPE HENRI EDMONDS; Respondent: ANDREW STUART GROVES; Respondent: WHITE NILE LIMITED
Jurisdiction
England and Wales
Judgment Date
22 May 2006
Procedural Posture
Application for Pre Action Disclosure / Ruling on Application Under CPR 31.16
Outcome
Application for pre-action disclosure granted
Legal Topics
Pre Action Disclosure, Jurisdiction, Justiciability, Forum Non Conveniens, Interference With Economic Interests
Civil Procedure Commercial Law Tort Law Pre Action Disclosure Jurisdiction Justiciability Forum Non Conveniens Interference With Economic Interests

Case Brief

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Parties

TOTAL E&P SOUDAN S. A.

Applicant

PHILIPPE HENRI EDMONDS

Respondent

ANDREW STUART GROVES

Respondent

WHITE NILE LIMITED

Respondent

Procedural Posture

Application for Pre Action Disclosure / Ruling on Application Under CPR 31.16

Legal Issues

  1. 1 Whether the applicant is entitled to pre-action disclosure under CPR 31.16
  2. 2 Whether the potential claim is justiciable in the English courts
  3. 3 Whether England is the appropriate forum for the dispute

Ratio Decidendi

The application for pre-action disclosure is granted because the jurisdictional requirements of CPR 31.16 are satisfied, the documents sought are relevant and would fall within standard disclosure, and disclosure is desirable to clarify the issues, assist in deciding whether to litigate, and in formulating the case. The respondents' objections based on justiciability and forum non conveniens are not sufficient to outweigh the applicant's entitlement to disclosure, especially as the documents were relied upon in public investment solicitation and are not confidential to a foreign sovereign.

Court Disposition

Application for pre-action disclosure granted

Orders

  • Respondents to disclose all documents listed in paragraphs 1–11 of the application to the applicant, subject to possible redaction for commercial sensitivity or security.
  • Applicant undertakes not to use disclosed documents for any purpose other than in connection with proposed proceedings against the respondents in this jurisdiction.