Michael Wilson and Partners Ltd v Emmott & Ors [2022] EWHC 729 (Comm) (04 March 2022)

Michael Wilson and Partners Ltd v Emmott & Ors [2022] EWHC 729 (Comm) (04 March 2022)

The application to set aside or vary the ex parte order had no prospect of success because the appointee was properly the executor of the deceased's estate. The application for disclosure of documents was premature, as the documents were provided after the application was served. No order for costs was made as the principal relief sought was bound to fail and the claimant's limited success did not justify a costs order.

Citation
[2022] EWHC 729 (Comm)
Parties
Claimant: Michael Wilson and Partners Limited; First Defendant: John Forster Emmott; Second Defendant: Michael Lyndon Beverley Robinson (deceased), represented by Mark Robinson (executor)
Jurisdiction
England and Wales
Judgment Date
04 March 2022
Procedural Posture
Commercial Court Proceedings / Application to Set Aside or Vary Ex Parte Order and for Disclosure of Documents
Outcome
Application dismissed in substance; no order as to costs.
Legal Topics
Setting Aside Ex Parte Orders, Disclosure of Documents, Representation of Deceased Estates, Costs Orders
Civil Procedure Commercial Law Setting Aside Ex Parte Orders Disclosure of Documents Representation of Deceased Estates Costs Orders

Case Brief

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Parties

Michael Wilson and Partners Limited

Claimant

John Forster Emmott

First Defendant

Michael Lyndon Beverley Robinson (deceased), represented by Mark Robinson (executor)

Second Defendant

Procedural Posture

Commercial Court Proceedings / Application to Set Aside or Vary Ex Parte Order and for Disclosure of Documents

Legal Issues

  1. 1 Whether the ex parte order appointing the executor to represent the deceased's estate should be set aside or varied
  2. 2 Whether the claimant is entitled to disclosure of documents supporting the ex parte application
  3. 3 Entitlement to costs arising from the application

Ratio Decidendi

The application to set aside or vary the ex parte order had no prospect of success because the appointee was properly the executor of the deceased's estate. The application for disclosure of documents was premature, as the documents were provided after the application was served. No order for costs was made as the principal relief sought was bound to fail and the claimant's limited success did not justify a costs order.

Court Disposition

Application dismissed in substance; no order as to costs.

Orders

  • No order as to costs of the application.