Oyston & Anor v Rubin & Anor (Rev 1)

Oyston & Anor v Rubin & Anor (Rev 1)

The Master had jurisdiction to revisit and vary the Deputy Master's order under CPR 3.1(7) due to material changes in circumstances, including the issuance of the declaration application and clarified availability of judge and counsel. The respondents' conduct was not abusive. The appeal was dismissed and indemnity costs awarded to the respondents.

Parties
Claimant/appellant: Owen Oyston; Claimant/appellant: Blackpool Football Club (Properties) Limited; Defendant/respondent: David Rubin; Defendant/respondent: Paul Cooper
Jurisdiction
England and Wales
Judgment Date
10 February 2021
Procedural Posture
Civil Appeal / Judgment on Appeal From Order of Master Clark Regarding Allocation of Trial Judge
Outcome
Appeal dismissed
Legal Topics
Case Management, Allocation of Judicial Resources, Revisiting Court Orders, Abuse of Process, Costs Assessment
Civil Procedure Receivership Judicial Administration Case Management Allocation of Judicial Resources Revisiting Court Orders Abuse of Process Costs Assessment

Case Brief

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Parties

Owen Oyston

Claimant/appellant

Blackpool Football Club (Properties) Limited

Claimant/appellant

David Rubin

Defendant/respondent

Paul Cooper

Defendant/respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From Order of Master Clark Regarding Allocation of Trial Judge

Legal Issues

  1. 1 Whether the Master had jurisdiction to revisit and vary the Deputy Master's order on allocation of the Part 8 claim
  2. 2 Whether there was a material change of circumstances justifying exercise of discretion under CPR 3.1(7)
  3. 3 Whether the respondents' conduct in issuing a declaration application was an abuse of process

Ratio Decidendi

The Master had jurisdiction to revisit and vary the Deputy Master's order under CPR 3.1(7) due to material changes in circumstances, including the issuance of the declaration application and clarified availability of judge and counsel. The respondents' conduct was not abusive. The appeal was dismissed and indemnity costs awarded to the respondents.

Court Disposition

Appeal dismissed

Orders

  • Costs summarily assessed at £52,840 plus VAT to be paid by appellants to respondents within 14 days
  • Indemnity basis for costs awarded to respondents