Pittville Ltd v Hunters & Frankau Ltd & Anor

Pittville Ltd v Hunters & Frankau Ltd & Anor

The Deputy Master erred in law by treating lack of funds as a good reason for non-compliance with a security for costs unless order, failed to give proper weight to the need for efficient litigation and compliance with orders, and wrongly relied on circumstances and evidence that were or could have been before the court at the time of the original order. There was no material change of circumstances or exceptional justification for varying the unless order or granting relief from sanctions four years after judgment. The appeal is allowed, the Deputy Master's order is set aside, and the original judgment for the Defendants is restored.

Parties
Claimant/respondent: Pittville Limited (as assignee of the rights of MasterCigars Direct Limited); Defendant/appellant: Hunters & Frankau Limited; Defendant/appellant: Corporaçion Habanos, Sociedad Anonima
Jurisdiction
England and Wales
Judgment Date
27 October 2016
Procedural Posture
Civil Appeal / Appeal From Deputy Master to High Court Judge
Outcome
Appeal allowed; order of Deputy Master Cousins set aside; original judgment for Defendants restored.
Legal Topics
Relief From Sanctions, Security for Costs, Variation of Unless Orders, Assignment of Claims, Case Management Discretion
Civil Procedure Commercial Law Relief From Sanctions Security for Costs Variation of Unless Orders Assignment of Claims Case Management Discretion

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 5 Authorities cited 13 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Pittville Limited (as assignee of the rights of MasterCigars Direct Limited)

Claimant/respondent

Hunters & Frankau Limited

Defendant/appellant

Corporaçion Habanos, Sociedad Anonima

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Deputy Master to High Court Judge

Legal Issues

  1. 1 Whether lack of funds constitutes a 'good reason' for non-compliance with a security for costs unless order
  2. 2 Whether there were exceptional or material changes in circumstances justifying variation of an unless order four years after judgment
  3. 3 Whether the Deputy Master erred in granting relief from sanctions and varying the unless order

Ratio Decidendi

The Deputy Master erred in law by treating lack of funds as a good reason for non-compliance with a security for costs unless order, failed to give proper weight to the need for efficient litigation and compliance with orders, and wrongly relied on circumstances and evidence that were or could have been before the court at the time of the original order. There was no material change of circumstances or exceptional justification for varying the unless order or granting relief from sanctions four years after judgment. The appeal is allowed, the Deputy Master's order is set aside, and the original judgment for the Defendants is restored.

Court Disposition

Appeal allowed; order of Deputy Master Cousins set aside; original judgment for Defendants restored.

Orders

  • Order of Deputy Master Cousins dated 7 October 2015 set aside.
  • Judgment and order of Deputy Master Nurse in favour of the Defendants dated 26 August 2011 restored.