Admiral Scaffolding Group Ltd v Simms & Ors [2001] EWCA Civ 908 (8 June 2001)

Admiral Scaffolding Group Ltd v Simms & Ors [2001] EWCA Civ 908 (8 June 2001)

Permission to appeal granted on contempt finding due to arguable error regarding asset calculation; refusal to vary undertaking adjourned pending appeal outcome; refusal to order preliminary issue upheld as proper exercise of case management discretion.

Citation
[2001] EWCA Civ 908
Parties
Claimant/respondent: Admiral Scaffolding Group Limited; Defendant/applicant: Paul Simms; Defendant/applicant: Donald Bostel; Defendant/applicant: Ancon Group Inc
Jurisdiction
England and Wales
Judgment Date
08 June 2001
Procedural Posture
Civil Appeal / Permission to Appeal and Case Management
Outcome
Appeal allowed in part; permission to appeal granted on contempt finding; refusal to order preliminary issue upheld; variation application adjourned.
Legal Topics
Freezing Orders, Contempt of Court, Variation of Undertakings, Preliminary Issues, Share Sale Agreements, Asset Valuation
Civil Procedure Contract Law Freezing Orders Contempt of Court Variation of Undertakings Preliminary Issues Share Sale Agreements Asset Valuation

Case Brief

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Parties

Admiral Scaffolding Group Limited

Claimant/respondent

Paul Simms

Defendant/applicant

Donald Bostel

Defendant/applicant

Ancon Group Inc

Defendant/applicant

Procedural Posture

Civil Appeal / Permission to Appeal and Case Management

Legal Issues

  1. 1 Whether Mr Bostel was in contempt for reducing assets below £175,000
  2. 2 Whether the undertaking should be varied to allow living and legal expenses
  3. 3 Whether a preliminary issue should be tried regarding audit requirement of interim accounts

Ratio Decidendi

Permission to appeal granted on contempt finding due to arguable error regarding asset calculation; refusal to vary undertaking adjourned pending appeal outcome; refusal to order preliminary issue upheld as proper exercise of case management discretion.

Court Disposition

Appeal allowed in part; permission to appeal granted on contempt finding; refusal to order preliminary issue upheld; variation application adjourned.

Orders

  • Permission to appeal granted on contempt finding.
  • Variation application adjourned to appeal hearing.