Mekobia Ltd v Brandmovers Europe Ltd

Mekobia Ltd v Brandmovers Europe Ltd

The application for permission for a second appeal cannot succeed because the unless order of 29 November 2013, against which permission to appeal was refused, resulted in the final striking out of Mekobia's claim as of 6 December 2013. There are no extant proceedings in which relief can be sought, and Mr Williams lacks authority to represent Mekobia post-liquidation. The procedural complaints do not undermine the correctness of the deputy judge's decision.

Parties
Claimant/appellant: Mekobia Limited; Defendant/respondent: Brandmovers Europe Limited
Jurisdiction
England and Wales
Judgment Date
03 March 2016
Procedural Posture
Civil Appeal / Renewed Application for Extension of Time for Appealing, Permission for Second Appeal, Application to Admit Fresh Evidence, and for Stay of Insolvency Proceedings
Outcome
Application adjourned
Legal Topics
Appeals, Unless Orders, Costs Orders, Striking Out, Permission for Second Appeal, Liquidation, Representation of Companies in Liquidation
Civil Procedure Insolvency Appeals Unless Orders Costs Orders Striking Out Permission for Second Appeal Liquidation +1 more

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Parties

Mekobia Limited

Claimant/appellant

Brandmovers Europe Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Renewed Application for Extension of Time for Appealing, Permission for Second Appeal, Application to Admit Fresh Evidence, and for Stay of Insolvency Proceedings

Legal Issues

  1. 1 Whether permission for a second appeal should be granted to Mekobia Limited
  2. 2 Whether the deputy judge erred in holding that Mekobia's claim was struck out by the unless order of 29 November 2013
  3. 3 Whether the proceedings before the deputy judge were procedurally unfair due to non-disclosure of the respondent's skeleton argument

Ratio Decidendi

The application for permission for a second appeal cannot succeed because the unless order of 29 November 2013, against which permission to appeal was refused, resulted in the final striking out of Mekobia's claim as of 6 December 2013. There are no extant proceedings in which relief can be sought, and Mr Williams lacks authority to represent Mekobia post-liquidation. The procedural complaints do not undermine the correctness of the deputy judge's decision.

Court Disposition

Application adjourned

Orders

  • Application adjourned until the first available date after 26 May 2016 to allow Mr Williams to seek authority from the official receiver or liquidator to continue the appeal and to apply to Peter Smith J for reconsideration under CPR Part 52.17
  • Liberty to apply to restore the application for hearing at an earlier date if desired