Leeds Utd -v- Admatch [2009] JRC 023 (13 February 2009)

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

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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)

  1. 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. 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.