HURRICANE ENERGY PLC & Ors v CHAFEE & Ors

HURRICANE ENERGY PLC & Ors v CHAFEE & Ors

The applications for adjournment and to set aside the previous order were totally without merit due to lack of attendance, failure to provide reasons, and non-compliance with directions. Saret persistently issued meritless applications, justifying an extended civil restraint order. Costs were assessed on the indemnity basis with reductions for excess claims.

Parties
Claimant: Hurricane Energy PLC & Ors; Defendant: Chafee & Ors
Jurisdiction
England and Wales
Judgment Date
20 September 2021
Procedural Posture
Commercial / Post Application Hearing; Costs and Civil Restraint Order Determination
Outcome
Applications for adjournment and to set aside dismissed as totally without merit; extended civil restraint order made against Saret; costs assessed on indemnity basis with reductions.
Legal Topics
Civil Restraint Orders, Costs Assessment, Vexatious Litigation, Adjournment Applications
Civil Procedure Commercial Law Civil Restraint Orders Costs Assessment Vexatious Litigation Adjournment Applications

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Parties

Hurricane Energy PLC & Ors

Claimant

Chafee & Ors

Defendant

Procedural Posture

Commercial / Post Application Hearing; Costs and Civil Restraint Order Determination

Legal Issues

  1. 1 Whether the application to set aside the order of 6 August 2021 should be granted
  2. 2 Whether the application for adjournment should be granted
  3. 3 Whether the applications are totally without merit

Ratio Decidendi

The applications for adjournment and to set aside the previous order were totally without merit due to lack of attendance, failure to provide reasons, and non-compliance with directions. Saret persistently issued meritless applications, justifying an extended civil restraint order. Costs were assessed on the indemnity basis with reductions for excess claims.

Court Disposition

Applications for adjournment and to set aside dismissed as totally without merit; extended civil restraint order made against Saret; costs assessed on indemnity basis with reductions.

Orders

  • Application for adjournment dismissed
  • Application to set aside order of 6 August 2021 dismissed