Hanson & Ors v Carlino & Anor

Hanson & Ors v Carlino & Anor

Given the defendant's pattern of non-engagement, untruthful statements, and lack of credible assurance of attendance, the court is satisfied that a bench warrant is necessary to secure compliance with the order for cross-examination.

Parties
Claimants: Edward Hanson and others; Defendants: Nicholas Carlino and another
Jurisdiction
England and Wales
Judgment Date
01 May 2019
Procedural Posture
Civil Property/investment Dispute / Interlocutory Application for Bench Warrant
Outcome
Bench warrant granted, with delayed execution
Legal Topics
Bench Warrant, Non Compliance With Court Orders, Proprietary Injunction, Service of Process
Civil Procedure Property Law Bench Warrant Non Compliance With Court Orders Proprietary Injunction Service of Process

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Parties

Edward Hanson and others

Claimants

Nicholas Carlino and another

Defendants

Procedural Posture

Civil Property/investment Dispute / Interlocutory Application for Bench Warrant

Legal Issues

  1. 1 Whether a bench warrant should be issued to secure the attendance of the defendant for cross-examination in compliance with a court order

Ratio Decidendi

Given the defendant's pattern of non-engagement, untruthful statements, and lack of credible assurance of attendance, the court is satisfied that a bench warrant is necessary to secure compliance with the order for cross-examination.

Court Disposition

Bench warrant granted, with delayed execution

Orders

  • A bench warrant is issued for the arrest of Mr Carlino to secure his attendance at court on 3 May for cross-examination, but the warrant is not to be executed until the following day to allow a final opportunity for voluntary compliance.