Edward Avery-Gee v Lesley Ann Coppen & Anor

Edward Avery-Gee v Lesley Ann Coppen & Anor

Under the current CPR 81, a party is not at liberty to add a penal notice to a court order of its own volition; the party must apply to the court to vary the order if it wishes a penal notice to be added.

Parties
Claimant: Edward Avery-Gee as Trustee in Bankruptcy of Lawrence Coppen; First Defendant: Lesley Ann Coppen; Second Defendant: Taray Brokering Limited
Jurisdiction
England and Wales
Judgment Date
21 November 2022
Procedural Posture
Civil / Judgment
Outcome
Judgment clarifies practice; application withdrawn by agreement; no substantive orders issued.
Legal Topics
Committal for Contempt, Penal Notice, Rectification of Register, Court Orders
Civil Procedure Insolvency Committal for Contempt Penal Notice Rectification of Register Court Orders

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Parties

Edward Avery-Gee as Trustee in Bankruptcy of Lawrence Coppen

Claimant

Lesley Ann Coppen

First Defendant

Taray Brokering Limited

Second Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether a party may add a penal notice to a court order without court direction under CPR 81
  2. 2 Effect of penal notice omission on committal applications

Ratio Decidendi

Under the current CPR 81, a party is not at liberty to add a penal notice to a court order of its own volition; the party must apply to the court to vary the order if it wishes a penal notice to be added.

Court Disposition

Judgment clarifies practice; application withdrawn by agreement; no substantive orders issued.