Forrester Ketley & Co v Brent

The appeal was dismissed because the judge's order to strike out the defence and counterclaim was within his discretion, Mr Brent failed to comply with mandatory conditions, and the making of a civil restraint order was justified by his abusive litigation conduct.

Parties: Claimant/respondent: Forrester Ketley & Co; Defendant/appellant: David Brent
Jurisdiction: England and Wales
Judgment Date: 01 March 2005
Procedural Posture: Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal
Outcome: Appeal dismissed; extended civil restraint order granted; costs awarded to respondent.
Legal Topics: Striking Out Pleadings, Civil Restraint Orders, Adjournment Applications, Patent Agents' Fees

Civil Procedure Intellectual Property Striking Out Pleadings Civil Restraint Orders Adjournment Applications Patent Agents' Fees

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Parties

Forrester Ketley & Co

Claimant/respondent

David Brent

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal

Legal Issues

1 Whether the order striking out the defence and counterclaim was proper
2 Whether an adjournment should be granted on grounds of ill health
3 Whether an extended civil restraint order should be made

Ratio Decidendi

Court Disposition

Appeal dismissed; extended civil restraint order granted; costs awarded to respondent.

Orders

Appellant's application for adjournment refused
Appeal dismissed