Mekobia Ltd v Brandmovers Europe Ltd [2016] EWCA Civ 246 (03 March 2016)

Mekobia Ltd v Brandmovers Europe Ltd [2016] EWCA Civ 246 (03 March 2016)

Mekobia's claim was struck out by operation of the 'unless' order of 29 November 2013, and refusal of permission to appeal against that order rendered the claim finally ended; no extant proceedings exist in which relief can be sought, and Mr Williams lacks authority to represent Mekobia post-liquidation.

Citation
[2016] EWCA Civ 246
Parties
Claimant/appellant: Mekobia Limited; Defendant/respondent: Brandmovers Europe Limited
Jurisdiction
England and Wales
Judgment Date
03 March 2016
Procedural Posture
Civil Appeal / Renewed Application for Extension of Time and Permission for Second Appeal
Outcome
Application adjourned
Legal Topics
Extension of Time, Permission for Second Appeal, Unless Orders, Strike Out, Representation in Liquidation
Civil Procedure Insolvency Extension of Time Permission for Second Appeal Unless Orders Strike Out Representation in Liquidation

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Parties

Mekobia Limited

Claimant/appellant

Brandmovers Europe Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Renewed Application for Extension of Time and Permission for Second Appeal

Legal Issues

  1. 1 Whether Mekobia Limited is entitled to an extension of time for appealing
  2. 2 Whether permission for a second appeal should be granted
  3. 3 Whether fresh evidence should be admitted

Ratio Decidendi

Mekobia's claim was struck out by operation of the 'unless' order of 29 November 2013, and refusal of permission to appeal against that order rendered the claim finally ended; no extant proceedings exist in which relief can be sought, and Mr Williams lacks authority to represent Mekobia post-liquidation.

Court Disposition

Application adjourned

Orders

  • Application adjourned until first available date after 26 May 2016
  • Liberty to apply to restore for hearing at earlier date