Allen v Stuart & Anor (Addendum Judgment) [2026] EWHC 664 (KB) (11 March 2026)
There is no principled reason to refuse the claimant's request to include a penal notice in the sealed order, as the current CPR permits its addition at the request of a party and it serves to clarify the consequences of breach of undertakings.
- Citation
- [2026] EWHC 664 (KB)
- Parties
- Claimant: Michael James Allen; Defendant: Douglas Graham Alexander Stuart; Defendant: Ely Skip Hire Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 11 March 2026
- Procedural Posture
- Application for Interim Injunction / Addendum Judgment on Inclusion of Penal Notice in Order
- Outcome
- Application granted for inclusion of penal notice in the sealed order.
- Legal Topics
- Interim Injunctions, Penal Notice, Enforcement of Undertakings, Contempt of Court
Case Brief
Summary, issues, holding and outcome
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Parties
Michael James Allen
Claimant
Douglas Graham Alexander Stuart
Defendant
Ely Skip Hire Limited
Defendant
Procedural Posture
Application for Interim Injunction / Addendum Judgment on Inclusion of Penal Notice in Order
Legal Issues
- 1 Whether a penal notice should be included in the sealed order containing undertakings given by the defendants
Ratio Decidendi
There is no principled reason to refuse the claimant's request to include a penal notice in the sealed order, as the current CPR permits its addition at the request of a party and it serves to clarify the consequences of breach of undertakings.
Court Disposition
Application granted for inclusion of penal notice in the sealed order.
Orders
- Parties to submit a final draft order in agreed form including the penal notice.
Full Case Text
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