Bay Mining Consultants Ltd v Patel & Ors [2021] EWHC 1607 (QB) (14 May 2021)

Bay Mining Consultants Ltd v Patel & Ors [2021] EWHC 1607 (QB) (14 May 2021)

The claim and injunction application were totally without merit, but only one such order existed, so the threshold for a Civil Restraint Order was not met. Upon discontinuance, the claimant is liable for the defendants' costs, and there is no jurisdiction to order costs from central funds in civil cases.

Citation
[2021] EWHC 1607
Parties
Claimant: Bay Mining Consultants Limited; First Defendant: Pankim Kumar Shankersai Patel; Second Defendant: Praslin Pictures Ltd; Third Defendant: Dawn Elizabeth Sheppard
Jurisdiction
England and Wales
Judgment Date
14 May 2021
Procedural Posture
Civil / Post Discontinuance, Summary Assessment of Costs, Consideration of Civil Restraint Order
Outcome
Claim discontinued by Claimant; no Civil Restraint Order made; costs awarded to Defendants.
Legal Topics
Civil Restraint Orders, Costs on Discontinuance, Summary Assessment of Costs, Assignment of Claims, Bankruptcy Restrictions
Civil Procedure Injunctions Bankruptcy Civil Restraint Orders Costs on Discontinuance Summary Assessment of Costs Assignment of Claims Bankruptcy Restrictions

Case Brief

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Parties

Bay Mining Consultants Limited

Claimant

Pankim Kumar Shankersai Patel

First Defendant

Praslin Pictures Ltd

Second Defendant

Dawn Elizabeth Sheppard

Third Defendant

Procedural Posture

Civil / Post Discontinuance, Summary Assessment of Costs, Consideration of Civil Restraint Order

Legal Issues

  1. 1 Whether the claim and injunction application were totally without merit
  2. 2 Whether a Civil Restraint Order should be made against the Claimant, Mr Slater, or Mr Baxendale
  3. 3 Entitlement to costs following discontinuance

Ratio Decidendi

The claim and injunction application were totally without merit, but only one such order existed, so the threshold for a Civil Restraint Order was not met. Upon discontinuance, the claimant is liable for the defendants' costs, and there is no jurisdiction to order costs from central funds in civil cases.

Court Disposition

Claim discontinued by Claimant; no Civil Restraint Order made; costs awarded to Defendants.

Orders

  • Claimant to pay Defendants' costs of £13,194 within 14 days.
  • Materials to be referred to the Official Receiver.