Broughton v Kop Football (Cayman) Ltd & Ors

Broughton v Kop Football (Cayman) Ltd & Ors

The judge's case management decisions regarding trial date, confidentiality regime, and staged security for costs were within the generous ambit of judicial discretion. There was no evidence before the judge that the orders would cause hardship or were impossible to comply with, and the applicants failed to provide evidence of impecuniosity. The judge applied the correct legal principles regarding implied terms and mortgagee duties. No grounds for appeal were established.

Parties
Respondent/claimant: Sir Martin Broughton; Applicant/defendant: KOP Football (Cayman) Limited; Applicant/defendant: Thomas O Hicks; Applicant/defendant: George N Gillett; Applicant/defendant: UKSV Holdings Company Limited; Applicant/defendant: NESVI LLC (d/b/a Fenway Sports Group); Applicant/defendant: KOP Football Limited; Applicant/defendant: KOP Football (Holdings) Limited; Respondent/claimant: Royal Bank of Scotland
Jurisdiction
England and Wales
Judgment Date
20 December 2012
Procedural Posture
Civil Appeal / Application for Permission to Appeal (with Appeal to Follow If Granted) Against Case Management Orders
Outcome
permission to appeal refused
Legal Topics
Case Management, Security for Costs, Confidentiality Orders, Implied Contractual Terms, Expedition of Trial, Mortgagee Duties
Civil Procedure Banking Law Company Law Case Management Security for Costs Confidentiality Orders Implied Contractual Terms Expedition of Trial +1 more

Case Brief

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Parties

Sir Martin Broughton

Respondent/claimant

KOP Football (Cayman) Limited

Applicant/defendant

Thomas O Hicks

Applicant/defendant

George N Gillett

Applicant/defendant

UKSV Holdings Company Limited

Applicant/defendant

NESVI LLC (d/b/a Fenway Sports Group)

Applicant/defendant

KOP Football Limited

Applicant/defendant

KOP Football (Holdings) Limited

Applicant/defendant

Royal Bank of Scotland

Respondent/claimant

Procedural Posture

Civil Appeal / Application for Permission to Appeal (with Appeal to Follow If Granted) Against Case Management Orders

Legal Issues

  1. 1 Whether the case management orders regarding trial date, confidentiality regime, and staged security for costs were a proper exercise of discretion
  2. 2 Whether the judge erred in refusing to vary the confidentiality regime prior to payment of security
  3. 3 Whether the judge applied the correct legal test for implied contractual terms

Ratio Decidendi

The judge's case management decisions regarding trial date, confidentiality regime, and staged security for costs were within the generous ambit of judicial discretion. There was no evidence before the judge that the orders would cause hardship or were impossible to comply with, and the applicants failed to provide evidence of impecuniosity. The judge applied the correct legal principles regarding implied terms and mortgagee duties. No grounds for appeal were established.

Court Disposition

permission to appeal refused

Orders

  • Trial date fixed for 22 April 2013 stands.
  • Confidentiality regime to be lifted upon payment of first tranche of security for costs.