BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES
TECHNOLOGY AND CONSTRUCTION COURT (KBD)
7 Rolls Buildings Fetter Lane London EC4A 1NL |
||
B e f o r e :
(sitting as a Deputy Judge of the High Court)
____________________
FD TECHNOLOGIES PLC |
Claimant |
|
- and – |
||
INQDATA LIMITED |
Defendant |
|
|
||
And between: |
||
|
||
INQDATA LIMITED |
Claimant |
|
- and – |
||
FD TECHNOLOGIES PLC |
Defendant |
____________________
2nd Floor, Quality House, 6-9 Quality Court, Chancery Lane, London WC2A 1HP.
Telephone No: 020 7067 2900. DX 410 LDE
Email: info@martenwalshcherer.com
Web: www.martenwalshcherer.com
MR. DANIEL KHOO (instructed by Dentons UK and Middle East LLP) appeared for INQDATA.
____________________
Crown Copyright ©
ALAN BATES :
"In some cases, the court will permit the parties to use CPR Part 8 as a means of obtaining a quick decision on one or more issues of law or construction in a broader litigation – see e.g. Myers v Kestrel Acquisitions Limited [2015] EWHC 916 (Ch) . In such cases it is imperative that there be an agreed statement of facts and a precisely framed question. …"
In applying the principles to in the specific circumstances of that case, the judge stated, at [47]:
"The degree to which it is necessary or proportionate to devote significant time to considering factual matrix material will vary from case to case. In the present case, given the nature of the contract, its duration and the sums involved, I am satisfied that it would be both proportionate and appropriate to give detailed consideration of the commercial background against which the Agreement was entered into and performed. The relevant facts will need to be pleaded. …"
"The experience of this Court shows that there is a real risk of the Part 8 procedure being used too liberally and inappropriately with the risks both of prejudice to one or other of the parties in the presentation of their case and of the court being asked to reach ill-formulated and ill-informed decisions."