0370 270 6000

Watford Petroleum Limited and Others v Interoil Trading SA and Others, Court of Appeal, 25 September 2003

1 October 2003
The issues

Case Management – over-riding objective – disclosure and inspection of documents – service of witness statements.

The facts

In this commercial case, the Judge granted a Without Notice Application by Watford Petroleum Limited for an Order allowing it to delay providing certain documents until after the exchange of witness statements. Application was made the following day by Interoil to vary the Order. The Judge however upheld the Without Notice Order. Interoil appealed.

The decision

1. The Order was wholly exceptional and unprecedented.

2. The Order contravened the fundamental principle that a party should know the case against it.

3. An Appellate Court would not ordinarily interfere in procedural matters, but could where Directions were wrong in principle

4. CPR 32.4 required that disclosure and inspection of documents precede the service of witness statements. The circumstances of this case did not meet the necessary threshold for making an exceptional Order.

Appeal allowed.

Focus on...

Press releases

Browne Jacobson wins Inclusion & Diversity Award at the National Insurance Awards 2022

Insurance law firm Browne Jacobson has won the Inclusion & Diversity Award at the National Insurance Awards 2022. The National Insurance Awards are judged by an independent panel of experts and celebrate excellence in the sector by highlighting the very best in general insurance provision and management.

View

Blogs

Payment Fraud landscape shaped by technology in 2021

Payment systems across Europe are under increased pressure to mitigate fraud risks and defend against persistent attacks from enablers using ever more sophisticated and malicious viruses and malware.

View

Legal updates

Gosden and another v Halliwell Landau and another [2021] EWHC 159 (Comm)

This claim addressed the question, of when the date for assessment of damages in cases of negligence should be determined and shows that when appropriate the Courts will depart from the default position.

View

Legal updates

Assessing the scope of employers liability – Chell v Tarmac

These were the opening remarks of Mr Justice Martin Spencer when handing down his Judgment in the recent case of Andrew Chell v Tarmac Cement and Lime Limited [2020] EWHC 2613, the latest in a series of appeals dealing with the scope of vicarious liability.

View

The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up