Couper & Ors v Albion Properties Ltd & Ors

Couper & Ors v Albion Properties Ltd & Ors

Mr Couper's applications for stays and appeals were totally without merit, he obtained an extension of time by misrepresentation, failed to comply with court orders, and repeatedly abused the process by making unfounded applications. The threshold for an extended civil restraint order was met, and enforcement directions should be revised to reflect the passage of time and continued non-compliance.

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
High Court Chancery Division Civil Proceedings / Post Judgment Enforcement and Multiple Applications
Outcome
Applications by Mr Couper dismissed as totally without merit; extension of time set aside; appeal struck out; permission to appeal refused; extended civil restraint order granted against Mr and Mrs Couper; revised enforcement directions to be given.
Legal Topics
Enforcement of Judgments, Civil Restraint Orders, Possession Proceedings, Costs, Appeals, Abuse of Process
Civil Procedure Property Law Enforcement of Judgments Civil Restraint Orders Possession Proceedings Costs Appeals Abuse of Process

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 5 Party arguments 2 Amounts and remedies 3
Sign in to unlock

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

High Court Chancery Division Civil Proceedings / Post Judgment Enforcement and Multiple Applications

Legal Issues

  1. 1 Whether Mr Couper's applications for stays and appeals 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 issued against Mr and Mrs Couper

Ratio Decidendi

Mr Couper's applications for stays and appeals were totally without merit, he obtained an extension of time by misrepresentation, failed to comply with court orders, and repeatedly abused the process by making unfounded applications. The threshold for an extended civil restraint order was met, and enforcement directions should be revised to reflect the passage of time and continued non-compliance.

Court Disposition

Applications by Mr Couper dismissed as totally without merit; extension of time set aside; appeal struck out; permission to appeal refused; extended civil restraint order granted against Mr and Mrs Couper; revised enforcement directions to be given.

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 that order