Bhojani & Ors v Harris & Ors

Bhojani & Ors v Harris & Ors

The interests of justice and proportionality require that the applications (including to set aside judgment, tracing, and abuse of process) and the gathering of Ramila’s evidence should be completed before the appeal is heard, even if this means the applications are heard before all parties are fully ready. The...

Source-derived case information.

Parties
Claimants: Ramila Suresh Bhojani and Six Other Claimants; Defendants: Miss Barbara Harris and Mrs Gloria Rose Hughes-Narborough
Jurisdiction
England and Wales
Judgment Date
31 October 2005
Procedural Posture
Civil Property/trusts/enforcement / Interlocutory Application for Adjournment of Hearing Dates and Related Procedural Orders
Outcome
Application to adjourn allowed in part; main application for general adjournment dismissed; hearing dates varied.
Legal Topics
Adjournment of Hearings, Setting Aside Default Judgment, Abuse of Process, Tracing Remedies, Costs Orders, Fresh Evidence on Appeal
Civil Procedure Property Law Trusts Fraud Adjournment of Hearings Setting Aside Default Judgment Abuse of Process Tracing Remedies +2 more

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Parties

Ramila Suresh Bhojani and Six Other Claimants

Claimants

Miss Barbara Harris and Mrs Gloria Rose Hughes-Narborough

Defendants

Procedural Posture

Civil Property/trusts/enforcement / Interlocutory Application for Adjournment of Hearing Dates and Related Procedural Orders

Legal Issues

  1. 1 Whether to adjourn the hearing of applications until after the appeal or to proceed before the appeal
  2. 2 Whether the applications should be heard before the parties are fully ready
  3. 3 Whether Ramila's evidence should be considered before the appeal

Ratio Decidendi

The interests of justice and proportionality require that the applications (including to set aside judgment, tracing, and abuse of process) and the gathering of Ramila’s evidence should be completed before the appeal is heard, even if this means the applications are heard before all parties are fully ready. The least undesirable course is to proceed with the applications before the appeal, rather than risk the appeal being heard on an incomplete or erroneous factual basis.

Court Disposition

Application to adjourn allowed in part; main application for general adjournment dismissed; hearing dates varied.

Orders

  • Hearing of applications fixed for 15 and 16 November 2005; 4 November 2005 vacated and replaced with a PTR and directions hearing.
  • Applications to adjourn until after the appeal or until January 2006 dismissed.