E Group Ltd v Baker

E Group Ltd v Baker

The Defendant failed to comply with the court's disclosure order, justifying an unless order that her Defence and Counterclaim be struck out if she does not comply within 14 days, and permitting reduction of the sum paid into court by the amount of unpaid costs orders.

Parties
Claimant: E Group Limited; Defendant: Bay Baker
Jurisdiction
England and Wales
Judgment Date
25 July 2008
Procedural Posture
Civil / Interlocutory Application for Compliance With Disclosure Orders and Related Relief
Outcome
Application granted in part; unless order issued; reduction of money paid into court approved; costs awarded to Claimant.
Legal Topics
Disclosure, Non Compliance With Court Orders, Unless Orders, Costs
Civil Procedure Disclosure Non Compliance With Court Orders Unless Orders Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

E Group Limited

Claimant

Bay Baker

Defendant

Procedural Posture

Civil / Interlocutory Application for Compliance With Disclosure Orders and Related Relief

Legal Issues

  1. 1 Whether the Defendant complied with the disclosure order of 16th May 2008
  2. 2 Whether an unless order should be issued for non-compliance
  3. 3 Whether the Claimant is entitled to reduction of money paid into court to reflect unpaid costs orders

Ratio Decidendi

The Defendant failed to comply with the court's disclosure order, justifying an unless order that her Defence and Counterclaim be struck out if she does not comply within 14 days, and permitting reduction of the sum paid into court by the amount of unpaid costs orders.

Court Disposition

Application granted in part; unless order issued; reduction of money paid into court approved; costs awarded to Claimant.

Orders

  • Defendant to comply with disclosure order within 14 days or Defence and Counterclaim will be struck out and judgment entered against her with damages to be assessed.
  • Reduction of money paid into court by the Claimant by the total amount of costs orders made against the Defendant, including today.