Source: All England Reporter
Publisher Citation: [2003] All ER (D) 336 (Feb)
Court: Chancery Division
Judge:

Lloyd J

Representation Mark Warwick (instructed by Quinn Melville) for the petitioner.
  James Potts (instructed by Battens) for the respondents.
Judgment Dates: 24 February 2003

Catchwords

Practice and procedure - Striking out - Breach of disclosure obligations - Refusal to accept offer - Consideration of relevant facts.

The Case

The respondents' application to strike out or stay the petitioner's petition, which was made under s459 of the was dismissed, on the grounds that the respondents had not shown that their offer was plainly one which should have been accepted, having regard to the fact that the respondents had not made any individual disclosure, and the disclosure that had taken place was partial and limited to some of the company's documents only.

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