Taray Brokering Ltd, Re [2022] EWHC 2958 (Ch) (21 November 2022)

Under the current version of CPR Part 81, a party is not at liberty to add a penal notice to a court order of its own volition; the penal notice must be included in the order as authorised by the court. If a party wishes a penal notice to be added, it must apply to the court to vary the order.

Citation: [2022] EWHC 2958 (Ch)
Parties: Claimant: Edward Avery-Gee as Trustee in Bankruptcy of Lawrence Coppen; First Defendant: Lesley Ann Coppen; Second Defendant: Taray Brokering Limited
Jurisdiction: England and Wales
Judgment Date: 21 November 2022
Procedural Posture: Part 8 Claim (companies Act 2006, Rectification of Register) / Judgment on Discrete Practice Point Following Compromise of Committal Application
Outcome: Declaratory judgment on practice point; no substantive order as application was compromised.
Legal Topics: Committal for Contempt, Penal Notice Requirements, Rectification of Register, Enforcement of Court Orders

Civil Procedure Insolvency Company Law Committal for Contempt Penal Notice Requirements Rectification of Register Enforcement of Court Orders

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Parties

Edward Avery-Gee as Trustee in Bankruptcy of Lawrence Coppen

Claimant

Lesley Ann Coppen

First Defendant

Taray Brokering Limited

Second Defendant

Procedural Posture

Part 8 Claim (companies Act 2006, Rectification of Register) / Judgment on Discrete Practice Point Following Compromise of Committal Application

Legal Issues

1 Whether a party may add a penal notice to a court order of its own volition under CPR Part 81 (post-October 2020)

Ratio Decidendi

Court Disposition

Declaratory judgment on practice point; no substantive order as application was compromised.