Master’s Order 1-3-10

1. Service of the order of 8^th Feb 2010 may be made by electronic mail or any other method.

2. The Claim form is hereby struck out and the action dismissed with Judgment for the Defendant for Costs.

3. The Claimant has 4 day after service of this order – which may also be by electronic mail or any other method, apply for an order varying or setting aside this order.

Signed: Eyres

Documents covered by 8^th Feb 2010 order:

·         Claim
(The Claim has been struck out)
(Signatory J.C.Viguier, Director)

·         Defence and Counterclaim
(Summary judgment for the Defence has been given)
(The Counterclaim is continuing)
(Signatory P Brown, Director)

·         Defence to Counterclaim by Cloud9 Mobile Communications (Wholesale Services) Ltd
(signatory David Sutton, Manager)

·         Amended Counterclaim adding further Parties as Defendants to the CounterClaim.

·         Any additional claims brought by the defendant (Part 20 claims).

·         Any reply served. (Replies awaited)

·         Any replies to requests for further information.

Parties requiring access to documents other than the publicly available documents may contact

litigationparty@Cloud9Telecoms.biz

with the request.

Terms of use

Historically, members of the public (including the press) could, on payment of the relevant fee, obtain copies of claim forms held on the court file, unless a court order prohibiting access is in place (CPR 5.4). The court's permission wa not required for access to claim forms, but the parties or anyone identified in the claim form can apply to the court to restrict access by persons not involved in the litigation (non-parties). From 2 October 2006, non-parties have been able to obtain copies of all statements of case on the court file, including defences, without having to obtain the court's permission (CPR 5.4C).Non-parties will therefore be able to obtain far more detail about cases than is readily available under the current rules, without having to justify to the court the need for access. Instead of requiring a non-party to obtain a court order for access to statements of case, the new rule shifts the burden of preventing disclosure to the parties (or others identified in statements of case).

The principle is that proceedings should be open to the public so that publicity may operate as a safeguard against unfairness, injustice and arbitrary or idiosyncratic judicial decision-making, and help maintain public confidence in the court system.
Statements of case include:
- The claim form.
- The particulars of claim (where they were not included in the claim form).
- The defence.
- Any additional claims brought by the defendant (that is, Part 20 claims).
- Any reply served.
- Any replies to requests for further information (which can contain potentially sensitive commercial information).

Non-parties will still need the court's permission to obtain copies of any other documents filed by the parties, including documents filed with statements of case (such as a contract alleged to have been breached) and correspondence between the court and the parties.

Follow the case at the at:

Cloud9telecoms.biz