Hurricane Energy PLC & Ors v Chafee & Ors [2021] EWHC 3768 (Comm) (20 September 2021)

Hurricane Energy PLC & Ors v Chafee & Ors [2021] EWHC 3768 (Comm) (20 September 2021)

The applications for adjournment and to set aside the strike out order were dismissed as totally without merit due to lack of attendance, failure to comply with directions, absence of valid reasons, and evidence of vexatious and dishonest conduct. An extended civil restraint order was imposed to protect the Hurricane Group from further vexatious litigation.

Citation
[2021] EWHC 3768 (Comm)
Parties
Claimant: Hurricane Energy PLC & Ors; Defendant: Chafee & Ors
Jurisdiction
England and Wales
Judgment Date
20 September 2021
Procedural Posture
Commercial Court Application / Post Strike Out, Costs and Civil Restraint Order Hearing
Outcome
Applications dismissed as totally without merit; extended civil restraint order imposed; costs assessed on indemnity basis.
Legal Topics
Civil Restraint Orders, Strike Out Applications, Costs Assessment, Vexatious Litigation
Civil Procedure Company Law Civil Restraint Orders Strike Out Applications Costs Assessment Vexatious Litigation

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Parties

Hurricane Energy PLC & Ors

Claimant

Chafee & Ors

Defendant

Procedural Posture

Commercial Court Application / Post Strike Out, Costs and Civil Restraint Order Hearing

Legal Issues

  1. 1 Whether the application to set aside the strike out order should be granted
  2. 2 Whether the adjournment application is without merit
  3. 3 Whether a civil restraint order should be imposed

Ratio Decidendi

The applications for adjournment and to set aside the strike out order were dismissed as totally without merit due to lack of attendance, failure to comply with directions, absence of valid reasons, and evidence of vexatious and dishonest conduct. An extended civil restraint order was imposed to protect the Hurricane Group from further vexatious litigation.

Court Disposition

Applications dismissed as totally without merit; extended civil restraint order imposed; costs assessed on indemnity basis.

Orders

  • Dismissal of adjournment and set aside applications
  • Certification of applications as totally without merit