Business Mortgage Finance 4 PLC & Ors v Hussain [2022] EWCA Civ 1264 (04 October 2022)

Business Mortgage Finance 4 PLC & Ors v Hussain [2022] EWCA Civ 1264 (04 October 2022)

The Court has power to retrospectively dispense with personal service of an injunction for contempt proceedings where the respondent had notice and no injustice is caused; the committal application was sufficiently particularised; the judge was not biased; refusal to admit late evidence was within discretion; and the notices of discontinuance were invalid as the purported directors were strangers to the company.

Citation
[2022] EWCA Civ 1264
Parties
Claimant/respondent: Business Mortgage Finance 4 PLC; Claimant/respondent: Business Mortgage Finance 5 PLC; Claimant/respondent: Business Mortgage Finance 6 PLC; Claimant/respondent: Business Mortgage Finance 7 PLC; Defendant/appellant: Rizwan Hussain
Jurisdiction
England and Wales
Judgment Date
04 October 2022
Procedural Posture
Appeal (civil) / Court of Appeal Judgment Following Appeals From High Court
Outcome
Appeals dismissed; permission to appeal refused on interlocutory points.
Legal Topics
Committal for Contempt, Injunctions, Corporate Governance, Service of Court Orders, Recusal of Judge, Relief From Sanctions
Civil Procedure Company Law Contempt of Court Committal for Contempt Injunctions Corporate Governance Service of Court Orders Recusal of Judge +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 11 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Business Mortgage Finance 4 PLC

Claimant/respondent

Business Mortgage Finance 5 PLC

Claimant/respondent

Business Mortgage Finance 6 PLC

Claimant/respondent

Business Mortgage Finance 7 PLC

Claimant/respondent

Rizwan Hussain

Defendant/appellant

Procedural Posture

Appeal (civil) / Court of Appeal Judgment Following Appeals From High Court

Legal Issues

  1. 1 Whether the Court has power to retrospectively dispense with personal service of an injunction for contempt proceedings
  2. 2 Whether the committal application was sufficiently particularised
  3. 3 Whether the judge should have recused himself for apparent bias

Ratio Decidendi

The Court has power to retrospectively dispense with personal service of an injunction for contempt proceedings where the respondent had notice and no injustice is caused; the committal application was sufficiently particularised; the judge was not biased; refusal to admit late evidence was within discretion; and the notices of discontinuance were invalid as the purported directors were strangers to the company.

Court Disposition

Appeals dismissed; permission to appeal refused on interlocutory points.

Orders

  • Application for permission to appeal dismissed
  • Liability appeal dismissed