Watford Control Instruments Ltd v Brown [2023] EWHC 32 (Ch) (12 January 2023)

Watford Control Instruments Ltd v Brown [2023] EWHC 32 (Ch) (12 January 2023)

Although the claimant's conduct amounted to abuse of process due to prolonged delay and inadequate justification, striking out the claim would be disproportionate; a more appropriate sanction is to order security for costs and disallow recovery of costs incurred during the period of delay.

Citation
[2023] EWHC 32 (Ch)
Parties
Claimant: Watford Control Instruments Limited; Defendant: Colin Brown
Jurisdiction
England and Wales
Judgment Date
12 January 2023
Procedural Posture
Strike Out Application / Post Case Management Conference, Pre Trial
Outcome
Application to strike out dismissed
Legal Topics
Abuse of Process, Want of Prosecution, Standing to Sue, Assignment of Claims, Security for Costs
Civil Procedure Company Law Abuse of Process Want of Prosecution Standing to Sue Assignment of Claims Security for Costs

Case Brief

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Parties

Watford Control Instruments Limited

Claimant

Colin Brown

Defendant

Procedural Posture

Strike Out Application / Post Case Management Conference, Pre Trial

Legal Issues

  1. 1 Whether the claim should be struck out for abuse of process
  2. 2 Whether the claim should be struck out for want of prosecution
  3. 3 Whether the claimant has standing to sue due to assignment issues

Ratio Decidendi

Although the claimant's conduct amounted to abuse of process due to prolonged delay and inadequate justification, striking out the claim would be disproportionate; a more appropriate sanction is to order security for costs and disallow recovery of costs incurred during the period of delay.

Court Disposition

Application to strike out dismissed

Orders

  • Claimant to provide security for defendant's costs of defending the claim
  • Claimant barred from recovering costs incurred from September 2019 to September 2022