FVS Investments Ltd v G3 Good Governance Group & Ors (Civil Restraint Order and Costs) [2022] EWHC 1861 (Comm) (13 June 2022)

FVS Investments Ltd v G3 Good Governance Group & Ors (Civil Restraint Order and Costs) [2022] EWHC 1861 (Comm) (13 June 2022)

The claim was struck out on a technical basis unrelated to its merits, so certification as totally without merit and a civil restraint order are inappropriate. The successful party is entitled to costs, and the claimant's conduct justifies assessment on the indemnity basis.

Citation
[2022] EWHC 1861 (Comm)
Parties
Claimant: FVS Investments Limited; Defendant: G3 Good Governance Group; Defendant: Michael David Bevan; Defendant: Nicholas Harding
Jurisdiction
England and Wales
Judgment Date
13 June 2022
Procedural Posture
Commercial Court Claim / Post Application Judgment on Strike Out, Civil Restraint Order, and Costs
Outcome
Claim struck out on technical grounds; no certification as totally without merit; no civil restraint order; costs awarded to defendants on indemnity basis.
Legal Topics
Strike Out Applications, Civil Restraint Orders, Costs Assessment
Civil Procedure Commercial Law Strike Out Applications Civil Restraint Orders Costs Assessment

Case Brief

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Parties

FVS Investments Limited

Claimant

G3 Good Governance Group

Defendant

Michael David Bevan

Defendant

Nicholas Harding

Defendant

Procedural Posture

Commercial Court Claim / Post Application Judgment on Strike Out, Civil Restraint Order, and Costs

Legal Issues

  1. 1 Whether to certify the claim as totally without merit and make a civil restraint order
  2. 2 Entitlement to costs following successful application
  3. 3 Basis for assessment of costs: standard or indemnity

Ratio Decidendi

The claim was struck out on a technical basis unrelated to its merits, so certification as totally without merit and a civil restraint order are inappropriate. The successful party is entitled to costs, and the claimant's conduct justifies assessment on the indemnity basis.

Court Disposition

Claim struck out on technical grounds; no certification as totally without merit; no civil restraint order; costs awarded to defendants on indemnity basis.

Orders

  • Claim struck out
  • No certification as totally without merit