Ultraframe UK Ltd v Fielding & Ors

Ultraframe UK Ltd v Fielding & Ors

The most efficient and cost-effective course is to adjourn the interlocutory applications to be heard with the main trial in October, as separate hearings would not result in substantial savings and could lead to appeals and inefficiency.

Parties
Claimant: Ultraframe UK Limited; Defendant: Gary John Fielding; Defendant: Sally Anne Fielding; Defendant: The Burnden Group; Interested Party: Liquidators of North Star Systems Ltd. and Seaquest Systems Ltd.
Jurisdiction
England and Wales
Judgment Date
12 January 2004
Procedural Posture
Civil / Case Management Conference; Application to Adjourn Interlocutory Applications
Outcome
Interlocutory applications adjourned to be heard with the main trial.
Legal Topics
Case Management, Summary Judgment, Strike Out Applications, Costs
Civil Procedure Case Management Summary Judgment Strike Out Applications Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Ultraframe UK Limited

Claimant

Gary John Fielding

Defendant

Sally Anne Fielding

Defendant

The Burnden Group

Defendant

Liquidators of North Star Systems Ltd. and Seaquest Systems Ltd.

Interested Party

Procedural Posture

Civil / Case Management Conference; Application to Adjourn Interlocutory Applications

Legal Issues

  1. 1 Whether interlocutory applications for summary judgment and strike out should be heard in March or adjourned to be heard with the main trial in October

Ratio Decidendi

The most efficient and cost-effective course is to adjourn the interlocutory applications to be heard with the main trial in October, as separate hearings would not result in substantial savings and could lead to appeals and inefficiency.

Court Disposition

Interlocutory applications adjourned to be heard with the main trial.

Orders

  • March applications for summary judgment and strike out are adjourned to be determined with the conjoined trials in October.