Friend MTS Limited v Friend Partnership Limited

Friend MTS Limited v Friend Partnership Limited

The application for a stay was refused because MF, as a director of FPL, had sufficient knowledge and involvement in the disputed matters to instruct solicitors for pre-CCMC tasks and to respond to the claimant's CPR Pt 18 questions. The medical evidence did not justify a stay, and reasonable adjustments could be...

Source-derived case information.

Parties
Claimant: Friend MTS Limited; Defendant: Friend Partnership Limited
Jurisdiction
England and Wales
Judgment Date
10 January 2025
Procedural Posture
Civil (commercial) / Interlocutory Application for Stay and Relief From Sanction
Outcome
Defendant's application for stay refused; relief from sanction granted; claimant's application for order under CPR r.18.1 granted with extended time for compliance.
Legal Topics
Stay of Proceedings, Relief From Sanctions, Directions Questionnaire, Disclosure Obligations, Medical Evidence in Litigation
Civil Procedure Commercial Law Stay of Proceedings Relief From Sanctions Directions Questionnaire Disclosure Obligations Medical Evidence in Litigation

Source-derived case record

Summary, issues, holding and outcome

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Parties

Friend MTS Limited

Claimant

Friend Partnership Limited

Defendant

Procedural Posture

Civil (commercial) / Interlocutory Application for Stay and Relief From Sanction

Legal Issues

  1. 1 Whether a stay of proceedings should be granted on medical grounds for a key director's inability to instruct solicitors
  2. 2 Whether relief from sanction should be granted for failure to file a directions questionnaire
  3. 3 Whether the defendant's other director could provide sufficient instructions to solicitors

Ratio Decidendi

The application for a stay was refused because MF, as a director of FPL, had sufficient knowledge and involvement in the disputed matters to instruct solicitors for pre-CCMC tasks and to respond to the claimant's CPR Pt 18 questions. The medical evidence did not justify a stay, and reasonable adjustments could be made by extending time for compliance due to MF's carer responsibilities.

Court Disposition

Defendant's application for stay refused; relief from sanction granted; claimant's application for order under CPR r.18.1 granted with extended time for compliance.

Orders

  • Application for stay refused
  • Relief from sanction granted to FPL for failure to file Directions Questionnaire