BD Laddie (A Firm) v Becker [2001] EWCA Civ 1290 (23 July 2001)

BD Laddie (A Firm) v Becker [2001] EWCA Civ 1290 (23 July 2001)

The applicant has a limited legitimate interest in the disposition of the fund, but the exercise of discretion by the judge below in refusing to vary the injunction was not plainly wrong; the appropriate course is for the applicant to seek variation of the injunction in the court below.

Citation
[2001] EWCA Civ 1290
Parties
Claimant: B. D. Laddie (A Firm); Applicant/second Defendant: David Becker
Jurisdiction
England and Wales
Judgment Date
23 July 2001
Procedural Posture
Application for Permission to Appeal / Court of Appeal (civil Division) Application for Permission to Appeal From Interlocutory Injunction Order
Outcome
application for permission to appeal refused
Legal Topics
Interlocutory Injunction, Solicitors' Costs, Legal Aid Statutory Charge, Party Status, Variation of Injunction
Civil Procedure Legal Aid Costs Interlocutory Injunction Solicitors' Costs Legal Aid Statutory Charge Party Status Variation of Injunction

Case Brief

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Parties

B. D. Laddie (A Firm)

Claimant

David Becker

Applicant/second Defendant

Procedural Posture

Application for Permission to Appeal / Court of Appeal (civil Division) Application for Permission to Appeal From Interlocutory Injunction Order

Legal Issues

  1. 1 Whether Mr. Becker has a legitimate interest in the disposition of the fund subject to the injunction
  2. 2 Whether the injunction should be varied to require costs to be agreed with Mr. Becker or assessed by a court
  3. 3 Whether the exercise of discretion by the judge below was plainly wrong

Ratio Decidendi

The applicant has a limited legitimate interest in the disposition of the fund, but the exercise of discretion by the judge below in refusing to vary the injunction was not plainly wrong; the appropriate course is for the applicant to seek variation of the injunction in the court below.

Court Disposition

application for permission to appeal refused

Orders

  • application refused
  • copy of transcript to be supplied to Mr Becker at public expense