Calzaghe v Warren [2010] EWHC 71 (QB) (20 January 2010)

Calzaghe v Warren [2010] EWHC 71 (QB) (20 January 2010)

The agreement recorded in the preamble to the 3 June 2009 order prevents Mr. Calzaghe from relying on issue estoppel or abuse of process to bar Mr. Warren from contesting findings in the prior judgment, except as conceded regarding the debt. However, on the evidence and reasoning of the prior judgment, and given the comprehensive and persuasive nature of that judgment, Mr. Warren has no real prospect of success in contesting the issue of dishonesty, and summary judgment is granted to Mr. Calzaghe on that ground.

Citation
[2010] EWHC 71 (QB)
Parties
Claimant/applicant: Joe Calzaghe CBE; Defendant/respondent: Frank Warren
Jurisdiction
England and Wales
Judgment Date
20 January 2010
Procedural Posture
Civil / Interlocutory Applications (strike Out, Summary Judgment, Permission to Amend)
Outcome
Application for summary judgment on the issue of dishonesty granted to the claimant; permission to amend particulars of claim granted; costs of amendment and particulars of claim to be paid by the claimant.
Legal Topics
Issue Estoppel, Abuse of Process, Summary Judgment, Joinder of Parties, Trusts and Fiduciary Duties
Civil Procedure Contract Law Trusts Issue Estoppel Abuse of Process Summary Judgment Joinder of Parties Trusts and Fiduciary Duties

Case Brief

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Parties

Joe Calzaghe CBE

Claimant/applicant

Frank Warren

Defendant/respondent

Procedural Posture

Civil / Interlocutory Applications (strike Out, Summary Judgment, Permission to Amend)

Legal Issues

  1. 1 Whether Mr. Warren is barred by issue estoppel or abuse of process from contesting findings of dishonesty made in prior proceedings
  2. 2 Whether the agreement in the preamble to the 3 June 2009 order prevents reliance on prior findings against Mr. Warren
  3. 3 Whether summary judgment should be granted against Mr. Warren on the issue of dishonesty

Ratio Decidendi

The agreement recorded in the preamble to the 3 June 2009 order prevents Mr. Calzaghe from relying on issue estoppel or abuse of process to bar Mr. Warren from contesting findings in the prior judgment, except as conceded regarding the debt. However, on the evidence and reasoning of the prior judgment, and given the comprehensive and persuasive nature of that judgment, Mr. Warren has no real prospect of success in contesting the issue of dishonesty, and summary judgment is granted to Mr. Calzaghe on that ground.

Court Disposition

Application for summary judgment on the issue of dishonesty granted to the claimant; permission to amend particulars of claim granted; costs of amendment and particulars of claim to be paid by the claimant.

Orders

  • Summary judgment granted to Mr. Calzaghe on the issue of Mr. Warren's dishonesty.
  • Permission to amend particulars of claim granted.