Couper & Ors v Albion Properties Ltd & Ors [2017] EWHC 22 (Ch) (16 January 2017)

Couper & Ors v Albion Properties Ltd & Ors [2017] EWHC 22 (Ch) (16 January 2017)

Mr Couper's applications were dismissed as totally without merit, the extension of time for appeal was set aside due to misrepresentation, his appeal was struck out for failure to comply with court orders, and an extended civil restraint order was granted against Mr and Mrs Couper due to persistent abuse of court process.

Citation
[2017] EWHC 22 (Ch)
Parties
First Claimant: Max Couper; Second Claimant: The Trustees of the Couper Collection Charitable Trust; First Defendant: Albion Properties Limited; Second Defendant: Port of London Authority; Third Defendant: Hutchison Whampoa Properties (Europe) Limited; Intervener: Magdalena Couper; High Court Enforcement Officer: Nicholas Todd
Jurisdiction
England and Wales
Judgment Date
16 January 2017
Procedural Posture
Chancery Division Civil Proceedings / Post Trial, Enforcement and Multiple Post Judgment Applications
Outcome
All applications by Mr Couper dismissed as totally without merit; extension of time for appeal set aside; appeal struck out; extended civil restraint order granted against Mr and Mrs Couper; revised enforcement directions to be settled.
Legal Topics
Enforcement of Judgments, Civil Restraint Orders, Appeals Procedure, Possession Proceedings, Costs, Human Rights (article 8 Echr)
Civil Procedure Property Law Charity Law Enforcement of Judgments Civil Restraint Orders Appeals Procedure Possession Proceedings Costs +1 more

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Parties

Max Couper

First Claimant

The Trustees of the Couper Collection Charitable Trust

Second Claimant

Albion Properties Limited

First Defendant

Port of London Authority

Second Defendant

Hutchison Whampoa Properties (Europe) Limited

Third Defendant

Magdalena Couper

Intervener

Nicholas Todd

High Court Enforcement Officer

Procedural Posture

Chancery Division Civil Proceedings / Post Trial, Enforcement and Multiple Post Judgment Applications

Legal Issues

  1. 1 Whether Mr Couper's applications for stays and other relief had merit
  2. 2 Whether the extension of time for appeal was obtained by misrepresentation
  3. 3 Whether an extended civil restraint order (ECRO) should be granted against Mr and Mrs Couper

Ratio Decidendi

Mr Couper's applications were dismissed as totally without merit, the extension of time for appeal was set aside due to misrepresentation, his appeal was struck out for failure to comply with court orders, and an extended civil restraint order was granted against Mr and Mrs Couper due to persistent abuse of court process.

Court Disposition

All applications by Mr Couper dismissed as totally without merit; extension of time for appeal set aside; appeal struck out; extended civil restraint order granted against Mr and Mrs Couper; revised enforcement directions to be settled.

Orders

  • Paragraph 1 of Birss J's order dated 27 January 2015 set aside
  • Mr Couper's appeal struck out for failure to comply with paragraph 3 of Birss J's order