Broughton v Kop Football (Cayman) Ltd & Ors [2012] EWCA Civ 1743 (20 December 2012)

Broughton v Kop Football (Cayman) Ltd & Ors [2012] EWCA Civ 1743 (20 December 2012)

The judge's case management decisions regarding trial date, confidentiality regime, and staged security payments were within the generous ambit of reasonable discretion and not plainly wrong; no evidence was provided to show hardship or inability to comply, and the legal test for implied terms was correctly applied,...

Source-derived case information.

Citation
[2012] EWCA Civ 1743
Parties
Respondent/claimant: Sir Martin Broughton; Applicant/defendant: Kop Football (Cayman) Limited; Applicant/defendant: Thomas O Hicks; Applicant/defendant: George N Gillett; Applicant/defendant: UKSV Holdings Company Limited; Applicant/defendant: NESVI LLC (d/b/a Fenway Sports Group); Applicant/defendant: Kop Football Limited; Applicant/defendant: Kop Football (Holdings) Limited; Respondent/claimant: Royal Bank of Scotland
Jurisdiction
England and Wales
Judgment Date
20 December 2012
Procedural Posture
Appeal / Application for Permission to Appeal With Appeal to Follow If Granted
Outcome
Permission to appeal refused; application dismissed.
Legal Topics
Case Management Orders, Security for Costs, Confidentiality Regime, Implied Contractual Terms, Mortgagee Duties
Civil Procedure Company Law Banking Law Case Management Orders Security for Costs Confidentiality Regime Implied Contractual Terms Mortgagee Duties

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Parties

Sir Martin Broughton

Respondent/claimant

Kop Football (Cayman) Limited

Applicant/defendant

Thomas O Hicks

Applicant/defendant

George N Gillett

Applicant/defendant

UKSV Holdings Company Limited

Applicant/defendant

NESVI LLC (d/b/a Fenway Sports Group)

Applicant/defendant

Kop Football Limited

Applicant/defendant

Kop Football (Holdings) Limited

Applicant/defendant

Royal Bank of Scotland

Respondent/claimant

Procedural Posture

Appeal / Application for Permission to Appeal With Appeal to Follow If Granted

Legal Issues

  1. 1 Whether the judge erred in fixing an expedited trial date
  2. 2 Whether the confidentiality regime was properly lifted
  3. 3 Whether the staged security payments were appropriate

Ratio Decidendi

The judge's case management decisions regarding trial date, confidentiality regime, and staged security payments were within the generous ambit of reasonable discretion and not plainly wrong; no evidence was provided to show hardship or inability to comply, and the legal test for implied terms was correctly applied, rejecting the Kop defendants' arguments.

Court Disposition

Permission to appeal refused; application dismissed.

Orders

  • Trial date fixed for 22 April 2013
  • Confidentiality regime lifted upon payment of first tranche of security