Shearer v Neal (Rev 1)

Shearer v Neal (Rev 1)

Mr Neal failed to comply with the order to provide specific financial documents (Spanish and English bank statements and the Bluefin Sub-distribution Agreement) for the CPR Part 71 examination. This non-compliance triggers a mandatory referral to a High Court judge under CPR 71.8(1)(c). His conduct, including misleading the court and failing to prepare documentation, justifies an award of indemnity costs.

Parties
Judgment Creditor: Alan Shearer; Judgment Debtor: Kevin Gerard Neal
Jurisdiction
England and Wales
Judgment Date
25 November 2020
Procedural Posture
Enforcement Proceedings (cpr Part 71 Examination) / Post Judgment, Referral to High Court Judge for Non Compliance With Disclosure Order
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, Disclosure Obligations, Committal for Contempt, Costs Assessment
Civil Procedure Enforcement of Judgments CPR Part 71 Examination Disclosure Obligations Committal for Contempt Costs Assessment

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Parties

Alan Shearer

Judgment Creditor

Kevin Gerard Neal

Judgment Debtor

Procedural Posture

Enforcement Proceedings (cpr Part 71 Examination) / Post Judgment, Referral to High Court Judge for Non Compliance With Disclosure Order

Legal Issues

  1. 1 Whether Mr Neal failed to comply with the court's order to provide financial documentation for a CPR Part 71 examination
  2. 2 Whether referral to a High Court judge under CPR 71.8(1)(c) is mandatory in the circumstances
  3. 3 Whether indemnity costs should be awarded against Mr Neal

Ratio Decidendi

Mr Neal failed to comply with the order to provide specific financial documents (Spanish and English bank statements and the Bluefin Sub-distribution Agreement) for the CPR Part 71 examination. This non-compliance triggers a mandatory referral to a High Court judge under CPR 71.8(1)(c). His conduct, including misleading the court and failing to prepare documentation, justifies an award of indemnity costs.

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) for failure to provide specified documents.
  • Judgment creditor awarded indemnity costs of £55,843, summarily assessed.