Junior Sobowale v Lendinvest Capital SARL

Junior Sobowale v Lendinvest Capital SARL

The appeal was dismissed because the factual basis for the remote attendance application was not substantiated, the Deputy Master's refusal was fair and within discretion, and the Defence had been struck out for non-compliance with an unless order, barring Mr Sobowale from defending or relying on evidence.

Parties
Appellant/defendant: Mr Junior Sobowale; Respondent/claimant: Lendinvest Capital S. A. R. L.
Jurisdiction
England and Wales
Judgment Date
18 July 2024
Procedural Posture
Appeal / Judgment on Appeal From Order of Deputy Master Henderson
Outcome
Appeal dismissed
Legal Topics
Remote Evidence, Relief From Sanctions, Disclosure, Fair Trial, Case Management, Personal Guarantee, Costs Assessment
Civil Procedure Commercial Law Remote Evidence Relief From Sanctions Disclosure Fair Trial Case Management Personal Guarantee +1 more

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Parties

Mr Junior Sobowale

Appellant/defendant

Lendinvest Capital S. A. R. L.

Respondent/claimant

Procedural Posture

Appeal / Judgment on Appeal From Order of Deputy Master Henderson

Legal Issues

  1. 1 Whether refusal to permit remote evidence or attendance was unfair and breached Article 6 rights
  2. 2 Whether relief from sanctions for late witness statement should have been granted
  3. 3 Whether the Defence was properly struck out for non-compliance with disclosure unless order

Ratio Decidendi

The appeal was dismissed because the factual basis for the remote attendance application was not substantiated, the Deputy Master's refusal was fair and within discretion, and the Defence had been struck out for non-compliance with an unless order, barring Mr Sobowale from defending or relying on evidence.

Court Disposition

Appeal dismissed

Orders

  • Mr Sobowale to pay Lendinvest’s costs of the appeal in the sum of £9,000 by 1 August 2024