Hanson & Ors v Carlino & Anor [2019] EWHC 1366 (Ch) (01 May 2019)

A bench warrant is justified to secure compliance with the court's order for Mr Carlino to attend for cross-examination, given his pattern of non-engagement and false statements; the court's power is not limited to contempt findings.

Citation: [2019] EWHC 1366 (Ch)
Parties: Claimants: Edward Hanson and Others; Defendants: Nicholas Carlino and Another
Jurisdiction: England and Wales
Judgment Date: 01 May 2019
Procedural Posture: Application for Bench Warrant in Ongoing Civil Proceedings / Interlocutory Hearing
Outcome: Bench warrant ordered to secure defendant's attendance for cross-examination.
Legal Topics: Bench Warrant, Compliance With Court Orders, Misappropriation of Funds, Substituted Service

Civil Procedure Property Law Bench Warrant Compliance With Court Orders Misappropriation of Funds Substituted Service

Case Brief

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 6 Party arguments 2 Amounts and remedies 1

Parties

Edward Hanson and Others

Claimants

Nicholas Carlino and Another

Defendants

Procedural Posture

Application for Bench Warrant in Ongoing Civil Proceedings / Interlocutory Hearing

Legal Issues

1 Whether a bench warrant should be issued to secure attendance of the defendant for cross-examination
2 Whether the defendant has engaged with proceedings and complied with court orders

Ratio Decidendi

Court Disposition

Bench warrant ordered to secure defendant's attendance for cross-examination.

Orders

Bench warrant to be issued but not executed until the following day.
Defendant given final opportunity to credibly demonstrate voluntary attendance before execution of warrant.