ARCHER, DAVID ARCHER TO RECALL AN ORDER MADE UNDER SECTION 1 OF THE ADMINISTRATION OF JUSTICE (SCOTLAND) ACT 1972 AT THE INSTANCE OF PETROCELTIC RESOURCES LIMITED [2019] ScotCS CSOH_15 (15 February 2019)

ARCHER, DAVID ARCHER TO RECALL AN ORDER MADE UNDER SECTION 1 OF THE ADMINISTRATION OF JUSTICE (SCOTLAND) ACT 1972 AT THE INSTANCE OF PETROCELTIC RESOURCES LIMITED [2019] ScotCS CSOH_15 (15 February 2019)

The admitted non-disclosure by the petitioner was not deliberate but arose from miscommunication. The court retains discretion in cases of non-disclosure and, considering all circumstances, including the limited scope of the non-disclosure and absence of deliberate misconduct, it is not in the interests of justice...

Source-derived case information.

Citation
[2019] ScotCS CSOH_15
Parties
Petitioner: David Archer; Respondent: Petroceltic Resources Limited
Jurisdiction
Scotland
Judgment Date
15 February 2019
Procedural Posture
Note to Recall Order Under Section 1 of the Administration of Justice (scotland) Act 1972 / Hearing on Motion to Recall Order
Outcome
Order not recalled in respect of grounds unaffected by non-disclosure; further hearing ordered for grounds affected by non-disclosure.
Legal Topics
Non Disclosure in Ex Parte Applications, Recall of Court Orders, Duty of Full and Frank Disclosure, Use of Recovered Documents, Breach of Undertaking, Article 8 ECHR
Civil Procedure Commercial Law Non Disclosure in Ex Parte Applications Recall of Court Orders Duty of Full and Frank Disclosure Use of Recovered Documents Breach of Undertaking Article 8 ECHR

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Parties

David Archer

Petitioner

Petroceltic Resources Limited

Respondent

Procedural Posture

Note to Recall Order Under Section 1 of the Administration of Justice (scotland) Act 1972 / Hearing on Motion to Recall Order

Legal Issues

  1. 1 Whether non-disclosure of material information by the petitioner justifies recall of the order under section 1 of the Administration of Justice (Scotland) Act 1972
  2. 2 Whether the non-disclosure was deliberate or inadvertent
  3. 3 Whether the order should be recalled in whole or in part

Ratio Decidendi

The admitted non-disclosure by the petitioner was not deliberate but arose from miscommunication. The court retains discretion in cases of non-disclosure and, considering all circumstances, including the limited scope of the non-disclosure and absence of deliberate misconduct, it is not in the interests of justice to recall the order in its entirety. The order is not recalled as regards grounds unaffected by the non-disclosure; further hearing is required for the part affected by the non-disclosure.

Court Disposition

Order not recalled in respect of grounds unaffected by non-disclosure; further hearing ordered for grounds affected by non-disclosure.

Orders

  • Refused recall of the order as regards non-Optimus grounds.
  • Continued hearing for remaining part of the motion related to Optimus.