Barrowfen Properties v Patel & Ors [2020] EWHC 3112 (Ch) (18 November 2020)

Barrowfen Properties v Patel & Ors [2020] EWHC 3112 (Ch) (18 November 2020)

The applicant failed to provide evidence of inability to pay or explain his financial position; therefore, only a short extension of time is granted, and no further indulgence will be given.

Citation
[2020] EWHC 3112 (Ch)
Parties
Claimant: Barrowfen Properties; First Defendant: Girish Dahyabhai Patel; Second Defendant: Stevens & Bolton LLP; Third Defendant: Barrowfen Properties II Limited
Jurisdiction
England and Wales
Judgment Date
18 November 2020
Procedural Posture
Application to Extend Time for Compliance With Costs Orders / Post Disclosure, Costs Enforcement
Outcome
Application for extension of time partially granted
Legal Topics
Extension of Time, Costs Orders, Disclosure, Compliance With Court Orders
Civil Procedure Commercial Law Extension of Time Costs Orders Disclosure Compliance With Court Orders

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Parties

Barrowfen Properties

Claimant

Girish Dahyabhai Patel

First Defendant

Stevens & Bolton LLP

Second Defendant

Barrowfen Properties II Limited

Third Defendant

Procedural Posture

Application to Extend Time for Compliance With Costs Orders / Post Disclosure, Costs Enforcement

Legal Issues

  1. 1 Whether to grant an extension of time for compliance with interim costs orders
  2. 2 Whether evidence provided justifies inability to pay
  3. 3 Whether the court should entertain collateral applications for investigation

Ratio Decidendi

The applicant failed to provide evidence of inability to pay or explain his financial position; therefore, only a short extension of time is granted, and no further indulgence will be given.

Court Disposition

Application for extension of time partially granted

Orders

  • Time for compliance with paragraphs 15 and 17 of the Order extended to 4.30 pm on 25 November 2020
  • No extension for compliance with any other provision of the Order