Kojima v HSBC Bank Plc [2011] EWHC 611 (Ch) (22 March 2011)

Kojima v HSBC Bank Plc [2011] EWHC 611 (Ch) (22 March 2011)

The court held that the power to revoke or vary final orders under CPR Part 3.1(7) is extremely limited and does not generally apply to final orders made on admissions, except possibly in truly exceptional circumstances. The public interest in finality of litigation outweighs the appellant's arguments, and the delay in seeking to withdraw the admission further militates against granting relief. The judge below exercised his discretion correctly and there was no error in refusing the applications.

Citation
[2011] EWHC 611 (Ch)
Parties
Appellant/defendant: Satoshi Kojima; Respondent/claimant: HSBC Bank PLC
Jurisdiction
England and Wales
Judgment Date
22 March 2011
Procedural Posture
Civil Appeal (chancery Division) / Appeal From Order Refusing Applications to Revoke Judgment, Withdraw Admission, Amend Defence, and Plead Counterclaim
Outcome
Appeal dismissed
Legal Topics
Withdrawal of Admissions, Revocation of Final Orders, Misrepresentation, Statutory Compensation Under FSMA, Finality of Litigation
Civil Procedure Contract Law Financial Regulation Withdrawal of Admissions Revocation of Final Orders Misrepresentation Statutory Compensation Under FSMA Finality of Litigation

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Parties

Satoshi Kojima

Appellant/defendant

HSBC Bank PLC

Respondent/claimant

Procedural Posture

Civil Appeal (chancery Division) / Appeal From Order Refusing Applications to Revoke Judgment, Withdraw Admission, Amend Defence, and Plead Counterclaim

Legal Issues

  1. 1 Whether the court can revoke a final order made on admissions under CPR Part 3.1(7)
  2. 2 Whether the appellant should be permitted to withdraw an admission and amend his defence/counterclaim after final judgment
  3. 3 Whether lack of legal advice or representation justifies revocation of a final order

Ratio Decidendi

The court held that the power to revoke or vary final orders under CPR Part 3.1(7) is extremely limited and does not generally apply to final orders made on admissions, except possibly in truly exceptional circumstances. The public interest in finality of litigation outweighs the appellant's arguments, and the delay in seeking to withdraw the admission further militates against granting relief. The judge below exercised his discretion correctly and there was no error in refusing the applications.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; order of HHJ Mitchell affirmed; applications to revoke order, withdraw admission, amend defence, and plead counterclaim refused