Pope v Energem Resources Ltd. & Ors

Pope v Energem Resources Ltd. & Ors

None of the grounds advanced by Mrs Pope and Damian Pope disclosed any real prospect of success; all challenged orders were within the proper discretion of the lower courts, and the applications to appeal were attempts to re-open matters already decided. Permission to appeal was refused on all grounds.

Parties
Applicant/appellant: Mrs Pope; Applicant/appellant: Damian Pope; Respondent: Energem Resources Ltd; Respondent: Branch Energy Ltd (now Energem Mining (IOM) Limited); Respondent: Memery Crystal LLP and Mr Harvey Rands
Jurisdiction
England and Wales
Judgment Date
14 August 2009
Procedural Posture
Civil Appeal / Application for Permission to Appeal and Related Applications
Outcome
Applications for permission to appeal and extensions of time refused
Legal Topics
Costs Orders, Case Management, Strike Out Applications, Personal Representative Appointment, Fraud Allegations, Negligence Claims, Consolidation of Proceedings
Civil Procedure Employment Law Insurance Law Costs Orders Case Management Strike Out Applications Personal Representative Appointment Fraud Allegations +2 more

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Parties

Mrs Pope

Applicant/appellant

Damian Pope

Applicant/appellant

Energem Resources Ltd

Respondent

Branch Energy Ltd (now Energem Mining (IOM) Limited)

Respondent

Memery Crystal LLP and Mr Harvey Rands

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal and Related Applications

Legal Issues

  1. 1 Whether permission to appeal should be granted against various case management and costs orders
  2. 2 Whether the judge erred in striking out claims for fraud and negligence
  3. 3 Whether the insurance monies could be used to satisfy costs orders

Ratio Decidendi

None of the grounds advanced by Mrs Pope and Damian Pope disclosed any real prospect of success; all challenged orders were within the proper discretion of the lower courts, and the applications to appeal were attempts to re-open matters already decided. Permission to appeal was refused on all grounds.

Court Disposition

Applications for permission to appeal and extensions of time refused

Orders

  • Permission to appeal refused on all grounds for Mrs Pope and Damian Pope
  • Applications for extension of time refused