Carr v Cotton (A Firm) [2002] EWCA Civ 1111 (11 July 2002)

Carr v Cotton (A Firm) [2002] EWCA Civ 1111 (11 July 2002)

Extension of time for payment is granted as there is a real prospect of compliance and no identifiable prejudice to respondents; automatic strike out did not occur as relevant application was made within time.

Citation
[2002] EWCA Civ 1111
Parties
Claimant/applicant: Malcolm Douglas Carr; Defendant/respondent: Bower Cotton (A Firm)
Jurisdiction
England and Wales
Judgment Date
11 July 2002
Procedural Posture
Civil Appeal / Application to Vary Interlocutory Order
Outcome
Application to vary order granted
Legal Topics
Interim Payments, Security for Costs, Appeal Process, Trustee Liability
Civil Procedure Interim Payments Security for Costs Appeal Process Trustee Liability

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 2 Authorities cited 2 Party arguments 2 Amounts and remedies 10
Sign in to unlock

Parties

Malcolm Douglas Carr

Claimant/applicant

Bower Cotton (A Firm)

Defendant/respondent

Procedural Posture

Civil Appeal / Application to Vary Interlocutory Order

Legal Issues

  1. 1 Whether time for compliance with interim payment order should be extended
  2. 2 Whether appeal should be struck out for non-payment
  3. 3 Whether appellant can proceed with appeal for benefit of other investors

Ratio Decidendi

Extension of time for payment is granted as there is a real prospect of compliance and no identifiable prejudice to respondents; automatic strike out did not occur as relevant application was made within time.

Court Disposition

Application to vary order granted

Orders

  • Time for payment of £155,000 plus interest extended to 4pm on 19 July 2002
  • Respondents to pay applicant's costs summarily assessed at £6,000 by 31 July 2002