Ministry of Defence v Foxley & Ors [2007] EWHC 2874 (Admin) (10 December 2007)

Ministry of Defence v Foxley & Ors [2007] EWHC 2874 (Admin) (10 December 2007)

Due to extreme delay and palpable prejudice, a fair trial is no longer possible; both sets of proceedings are struck out except where final judgments have already been obtained.

Citation
[2007] EWHC 2874 (Admin)
Parties
Claimant: Ministry of Defence; Defendant: Gordon Foxley; Defendant: Paul Foxley; Defendants: Other Foxley family members; Defendants: Foreign arms companies
Jurisdiction
England and Wales
Judgment Date
10 December 2007
Procedural Posture
Civil and Criminal Enforcement Proceedings / Application to Strike Out Proceedings for Delay
Outcome
Both sets of proceedings struck out except for existing final judgments.
Legal Topics
Confiscation Orders, Delay in Proceedings, Article 6 ECHR, Article 7 ECHR, Freezing Orders, Receivership, Bankruptcy
Criminal Law Civil Procedure Human Rights Confiscation Orders Delay in Proceedings Article 6 ECHR Article 7 ECHR Freezing Orders +2 more

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Parties

Ministry of Defence

Claimant

Gordon Foxley

Defendant

Paul Foxley

Defendant

Other Foxley family members

Defendants

Foreign arms companies

Defendants

Procedural Posture

Civil and Criminal Enforcement Proceedings / Application to Strike Out Proceedings for Delay

Legal Issues

  1. 1 Whether proceedings should be struck out for delay
  2. 2 Whether automatic stay under CPR applies
  3. 3 Whether fair trial is possible after long delay

Ratio Decidendi

Due to extreme delay and palpable prejudice, a fair trial is no longer possible; both sets of proceedings are struck out except where final judgments have already been obtained.

Court Disposition

Both sets of proceedings struck out except for existing final judgments.

Orders

  • Strike out of 1992 and 1994 proceedings except where final judgments exist