Butlergrove Ltd v Cicely Commercials Ltd [2002] EWCA Civ 491 (22 March 2002)

Butlergrove Ltd v Cicely Commercials Ltd [2002] EWCA Civ 491 (22 March 2002)

Given Butlergrove's failure to comply with the order to pay the specified sum into court and the unsatisfactory and belated disclosure of its financial position, the court orders an unless order requiring payment into court by a specified date, failing which Butlergrove will be debarred from defending the appeal and Cicely will be at liberty to seek further relief including sequestration, committal, or examination of officers. A temporary injunction is granted to prevent further dissipation of assets.

Citation
[2002] EWCA Civ 491
Parties
Claimant/respondent: Butlergrove Limited; Defendant/appellant: Cicely Commercials Limited
Jurisdiction
England and Wales
Judgment Date
22 March 2002
Procedural Posture
Civil Appeal / Interlocutory Application Pending Appeal
Outcome
Unless order granted; temporary injunction granted; further sanctions available for non-compliance
Legal Topics
Stay of Execution, Payment Into Court, Contempt of Court, Asset Dissipation, Injunctions, Company Insolvency
Civil Procedure Commercial Law Insolvency Stay of Execution Payment Into Court Contempt of Court Asset Dissipation Injunctions +1 more

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Parties

Butlergrove Limited

Claimant/respondent

Cicely Commercials Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Interlocutory Application Pending Appeal

Legal Issues

  1. 1 Whether Butlergrove should be compelled to pay a specified sum into court pending appeal
  2. 2 Whether Butlergrove's failure to comply with a court order warrants sanctions including debarring from defending the appeal
  3. 3 Whether further investigation into possible contempt of court is required

Ratio Decidendi

Given Butlergrove's failure to comply with the order to pay the specified sum into court and the unsatisfactory and belated disclosure of its financial position, the court orders an unless order requiring payment into court by a specified date, failing which Butlergrove will be debarred from defending the appeal and Cicely will be at liberty to seek further relief including sequestration, committal, or examination of officers. A temporary injunction is granted to prevent further dissipation of assets.

Court Disposition

Unless order granted; temporary injunction granted; further sanctions available for non-compliance

Orders

  • Butlergrove to pay specified sum (£184,696.98) into court by 12 noon, Wednesday 3rd April 2002, failing which it will be debarred from defending the appeal or taking further part in it.
  • If unless order not complied with, Cicely may apply for sequestration or committal of Butlergrove's directors for contempt, or for examination of officers under RSC O.48.