Leeds Utd -v- Admatch [2009] JRC 023 (13 February 2009)
Although the second plaintiff has an arguable proprietary claim to the Processed Monies, the application for disclosure is refused in the court's discretion due to extreme lateness, risk of collateral litigation, potential loss of the imminent trial date, and minimal prejudice to the applicant from refusal at this stage.
- Citation
- [2009] JRC 023
- Parties
- First Plaintiff: Leeds United Football Club; Defendant: Admatch Limited; Second Plaintiff: Second Plaintiff (unnamed, assignee of first plaintiff's rights)
- Jurisdiction
- Jersey
- Judgment Date
- 13 February 2009
- Procedural Posture
- Civil / Interlocutory Application (norwich Pharmacal Disclosure)
- Outcome
- application refused
- Legal Topics
- Norwich Pharmacal Relief, Proprietary Claims, Set Off, Interlocutory Disclosure, Breach of Trust
Case Brief
Summary, issues, holding and outcome
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Parties
Leeds United Football Club
First Plaintiff
Admatch Limited
Defendant
Second Plaintiff (unnamed, assignee of first plaintiff's rights)
Second Plaintiff
Procedural Posture
Civil / Interlocutory Application (norwich Pharmacal Disclosure)
Legal Issues
- 1 Whether the second plaintiff is entitled to Norwich Pharmacal disclosure of Admatch's bank statements relating to 'Processed Monies' allegedly held on trust.
- 2 Whether delay and risk of collateral litigation justify refusal of interim disclosure relief.
Ratio Decidendi
Although the second plaintiff has an arguable proprietary claim to the Processed Monies, the application for disclosure is refused in the court's discretion due to extreme lateness, risk of collateral litigation, potential loss of the imminent trial date, and minimal prejudice to the applicant from refusal at this stage.
Court Disposition
application refused
Orders
- Application for Norwich Pharmacal disclosure of Admatch's bank statements is refused.
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