Michael Wilson & Partners Ltd v Sinclair & Ors

Michael Wilson & Partners Ltd v Sinclair & Ors

The combination of the Denton restatement, the nature of the original sanction (a stay, not a strike-out), and the absence of a prior unless order made the strike-out disproportionate. The circumstances were exceptional, justifying revocation of the order and granting relief from sanction to lift the stay and allow the appeal to proceed.

Parties
Claimant/appellant: Michael Wilson & Partners, Limited; First Defendant/respondent: Thomas Ian Sinclair; Second Defendant/respondent: Sokol Holdings Inc; Third Defendant/respondent: Eagle Point Investments Limited; Fourth Defendant/respondent: Butterfield Bank (Bahamas) Limited; Part 20 Defendant: John Forster Emmott
Jurisdiction
England and Wales
Judgment Date
23 July 2015
Procedural Posture
Civil Appeal / Application to Revoke Order Striking Out Appeal and Refusing to Lift Stay
Outcome
Application allowed; order striking out appeal revoked; relief from sanction granted; stay lifted; appeal to proceed on terms as to costs.
Legal Topics
Relief From Sanctions, Revocation of Court Orders, Security for Costs, Strike Out of Appeal, Case Management
Civil Procedure Relief From Sanctions Revocation of Court Orders Security for Costs Strike Out of Appeal Case Management

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 3 Authorities cited 10 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Michael Wilson & Partners, Limited

Claimant/appellant

Thomas Ian Sinclair

First Defendant/respondent

Sokol Holdings Inc

Second Defendant/respondent

Eagle Point Investments Limited

Third Defendant/respondent

Butterfield Bank (Bahamas) Limited

Fourth Defendant/respondent

John Forster Emmott

Part 20 Defendant

Procedural Posture

Civil Appeal / Application to Revoke Order Striking Out Appeal and Refusing to Lift Stay

Legal Issues

  1. 1 Whether the order striking out the appeal and refusing to lift the stay should be revoked under CPR 3.1(7)
  2. 2 Whether relief from sanction should be granted under CPR 3.9 in light of the Denton restatement

Ratio Decidendi

The combination of the Denton restatement, the nature of the original sanction (a stay, not a strike-out), and the absence of a prior unless order made the strike-out disproportionate. The circumstances were exceptional, justifying revocation of the order and granting relief from sanction to lift the stay and allow the appeal to proceed.

Court Disposition

Application allowed; order striking out appeal revoked; relief from sanction granted; stay lifted; appeal to proceed on terms as to costs.

Orders

  • Revocation of Lewison LJ’s order of 9 December 2013.
  • Relief from sanction granted under CPR 3.9.