Shearer v Neal (Rev 1) [2020] EWHC 3272 (Comm) (25 November 2020)

Shearer v Neal (Rev 1) [2020] EWHC 3272 (Comm) (25 November 2020)

The judgment debtor failed to comply with the order to provide specific financial documents for the examination, satisfying CPR 71.8(1)(c), and thus referral to a High Court judge is mandatory. The debtor's conduct, including providing incorrect information and causing unnecessary adjournments, justifies an award of indemnity costs to the judgment creditor.

Citation
[2020] EWHC 3272 (Comm)
Parties
Judgment Creditor: Alan Shearer; Judgment Debtor: Kevin Gerard Neal
Jurisdiction
England and Wales
Judgment Date
25 November 2020
Procedural Posture
CPR Part 71 Examination / Enforcement Proceedings / Post Judgment; Referral to High Court Judge Under CPR 71.8(1)(c)
Outcome
Referral to High Court judge under CPR 71.8(1)(c) for non-compliance; indemnity costs awarded to judgment creditor.
Legal Topics
CPR Part 71 Examination, Non Compliance With Court Orders, Committal Proceedings, Costs Assessment
Civil Procedure Enforcement of Judgments CPR Part 71 Examination Non Compliance With Court Orders Committal Proceedings Costs Assessment

Case Brief

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Parties

Alan Shearer

Judgment Creditor

Kevin Gerard Neal

Judgment Debtor

Procedural Posture

CPR Part 71 Examination / Enforcement Proceedings / Post Judgment; Referral to High Court Judge Under CPR 71.8(1)(c)

Legal Issues

  1. 1 Whether the judgment debtor failed to comply with the order to provide financial documentation for examination under CPR Part 71
  2. 2 Whether the case should be referred to a High Court judge under CPR 71.8(1)(c)
  3. 3 Whether indemnity costs should be awarded to the judgment creditor

Ratio Decidendi

The judgment debtor failed to comply with the order to provide specific financial documents for the examination, satisfying CPR 71.8(1)(c), and thus referral to a High Court judge is mandatory. The debtor's conduct, including providing incorrect information and causing unnecessary adjournments, justifies an award of indemnity costs to the judgment creditor.

Court Disposition

Referral to High Court judge under CPR 71.8(1)(c) for non-compliance; indemnity costs awarded to judgment creditor.

Orders

  • Case referred to High Court judge under CPR 71.8(1)(c) certifying breach for failure to provide Spanish and English bank statements and Bluefin Sub-distribution Agreement.
  • Judgment creditor awarded indemnity costs of £55,843, summarily assessed.