FVS Investments Limited v G3 Good Governance Group & Ors

FVS Investments Limited v G3 Good Governance Group & Ors

The claim is struck out on a technical basis, not on its merits, so it is inappropriate to certify it as totally without merit or make a civil restraint order. The successful applicant is entitled to costs, to be assessed on the indemnity basis due to the claimant's failure to conduct itself within the norms expected in the Commercial Court.

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 / Judgment on Application to Strike Out, Civil Restraint Order, and Costs
Outcome
Claim struck out; no civil restraint order; costs awarded to defendants on indemnity basis
Legal Topics
Strike Out Applications, Civil Restraint Orders, Costs Assessment
Civil Procedure 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 / Judgment on Application to Strike Out, Civil Restraint Order, and Costs

Legal Issues

  1. 1 Whether the claim should be certified as totally without merit and a civil restraint order made
  2. 2 Entitlement to costs and basis of assessment

Ratio Decidendi

The claim is struck out on a technical basis, not on its merits, so it is inappropriate to certify it as totally without merit or make a civil restraint order. The successful applicant is entitled to costs, to be assessed on the indemnity basis due to the claimant's failure to conduct itself within the norms expected in the Commercial Court.

Court Disposition

Claim struck out; no civil restraint order; costs awarded to defendants on indemnity basis

Orders

  • Claim not certified as totally without merit
  • No civil restraint order made