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Glidepath BV and Ors v Thompson and Ors

Glidepath BV and Ors v Thompson and Ors 28 July 2005 Clarke LJ Court of Appeal [2005] EWCA Civ 1071 [2005] ArbLR 27 Arbitration proceedings--Confidentiality--Stay application successful and disputes referred to arbitration--Application by third party for the production of court documents for use in separate proceedings--High Court dismissing application--Whether real prospect of success on appeal (no)--Whether to grant permission to appeal (no)--CPR 5.4(5) Documents produced in proceeding to stay litigation in favour of arbitration agreement not disclosable to third party for the purposes of separate litigation Disputes between the parties were subject to litigation during the course of which orders for disclosure were made. The proceedings were eventually stayed in favour of an arbitration agreement.1 The disputes involved inter alia the transfer of a company called Spherion UK Limited to STA/Rel Q. Mr Onwika was employed by Spherion in February 2003. Following the transfer, he resigned and commenced proceedings in an employment tribunal seeking damages for constructive dismissal and discrimination. Mr Onwika applied to court to obtain production of court documents to assist him in the proceedings against Spherion. Spherion obtained an injunction requiring the return of a number of confidential documents misappropriated by Mr Onwika. The court at first instance refused to order production of http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Arbitration Law Reports and Review Oxford University Press

Glidepath BV and Ors v Thompson and Ors

Arbitration Law Reports and Review , Volume 2005 (1) – Jan 1, 2005

Glidepath BV and Ors v Thompson and Ors

Arbitration Law Reports and Review , Volume 2005 (1) – Jan 1, 2005

Abstract

28 July 2005 Clarke LJ Court of Appeal [2005] EWCA Civ 1071 [2005] ArbLR 27 Arbitration proceedings--Confidentiality--Stay application successful and disputes referred to arbitration--Application by third party for the production of court documents for use in separate proceedings--High Court dismissing application--Whether real prospect of success on appeal (no)--Whether to grant permission to appeal (no)--CPR 5.4(5) Documents produced in proceeding to stay litigation in favour of arbitration agreement not disclosable to third party for the purposes of separate litigation Disputes between the parties were subject to litigation during the course of which orders for disclosure were made. The proceedings were eventually stayed in favour of an arbitration agreement.1 The disputes involved inter alia the transfer of a company called Spherion UK Limited to STA/Rel Q. Mr Onwika was employed by Spherion in February 2003. Following the transfer, he resigned and commenced proceedings in an employment tribunal seeking damages for constructive dismissal and discrimination. Mr Onwika applied to court to obtain production of court documents to assist him in the proceedings against Spherion. Spherion obtained an injunction requiring the return of a number of confidential documents misappropriated by Mr Onwika. The court at first instance refused to order production of

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Publisher
Oxford University Press
Copyright
© Oxford University Press, 2009
Subject
Judgments
ISSN
2044-8651
eISSN
2044-9887
DOI
10.1093/alrr/2005.1.399
Publisher site
See Article on Publisher Site

Abstract

28 July 2005 Clarke LJ Court of Appeal [2005] EWCA Civ 1071 [2005] ArbLR 27 Arbitration proceedings--Confidentiality--Stay application successful and disputes referred to arbitration--Application by third party for the production of court documents for use in separate proceedings--High Court dismissing application--Whether real prospect of success on appeal (no)--Whether to grant permission to appeal (no)--CPR 5.4(5) Documents produced in proceeding to stay litigation in favour of arbitration agreement not disclosable to third party for the purposes of separate litigation Disputes between the parties were subject to litigation during the course of which orders for disclosure were made. The proceedings were eventually stayed in favour of an arbitration agreement.1 The disputes involved inter alia the transfer of a company called Spherion UK Limited to STA/Rel Q. Mr Onwika was employed by Spherion in February 2003. Following the transfer, he resigned and commenced proceedings in an employment tribunal seeking damages for constructive dismissal and discrimination. Mr Onwika applied to court to obtain production of court documents to assist him in the proceedings against Spherion. Spherion obtained an injunction requiring the return of a number of confidential documents misappropriated by Mr Onwika. The court at first instance refused to order production of

Journal

Arbitration Law Reports and ReviewOxford University Press

Published: Jan 1, 2005

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