Coral Reef Ltd v Silverboard Enterprises Ltd & Anor [2016] EWHC 3844 (Ch) (21 October 2016)

Coral Reef Ltd v Silverboard Enterprises Ltd & Anor [2016] EWHC 3844 (Ch) (21 October 2016)

The Master was entitled to refuse permission to adduce further evidence after Coral deliberately chose not to seek an adjournment and relied on a now-overturned precedent; the inference that condition (c) was satisfied was factually correct and supported by evidence.

Citation
[2016] EWHC 3844 (Ch)
Parties
Claimant: Coral Reef Ltd; First Defendant: Silverboard Enterprises Ltd; Second Defendant: Silverboard Enterprises Ltd and Anr
Jurisdiction
England and Wales
Judgment Date
21 October 2016
Procedural Posture
Appeal / Post Judgment, Costs Assessment
Outcome
Appeal dismissed
Legal Topics
Security for Costs, Doctrine of Precedent, Discretion of Masters, Costs Assessment
Civil Procedure Security for Costs Doctrine of Precedent Discretion of Masters Costs Assessment

Case Brief

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Parties

Coral Reef Ltd

Claimant

Silverboard Enterprises Ltd

First Defendant

Silverboard Enterprises Ltd and Anr

Second Defendant

Procedural Posture

Appeal / Post Judgment, Costs Assessment

Legal Issues

  1. 1 Whether the Master erred in refusing permission to adduce further evidence regarding assets for resisting security for costs
  2. 2 Whether the doctrine of precedent binds Masters to decisions of High Court judges
  3. 3 Appropriate inference from refusal to provide financial information

Ratio Decidendi

The Master was entitled to refuse permission to adduce further evidence after Coral deliberately chose not to seek an adjournment and relied on a now-overturned precedent; the inference that condition (c) was satisfied was factually correct and supported by evidence.

Court Disposition

Appeal dismissed

Orders

  • Claimant's application to adduce further evidence refused
  • Claimant ordered to pay Defendants £32,000 plus VAT in costs, VAT conditional on certificate production