Discovery Land Company LLC & Ors v Jirehouse & Ors [2019] EWHC 1633 (Ch) (07 June 2019)

Discovery Land Company LLC & Ors v Jirehouse & Ors [2019] EWHC 1633 (Ch) (07 June 2019)

The hearing must be adjourned to allow Mr Jones to apply for legal aid, as failure to inform him of this right would breach principles of fairness and Article 6.3(c) ECHR. Mr Jones cannot be compelled to submit to cross-examination, but if he chooses not to do so, the court may draw adverse inferences against him.

Citation
[2019] EWHC 1633 (Ch)
Parties
Claimant: Discovery Land Company, LLC; Claimant: Taymouth Castle DLC, LLC; Claimant: River Tay Castle LLP; Defendant: Jirehouse; Defendant: Jirehouse Partners LLP; Defendant: Jirehouse Trustees Limited; Defendant: Jirehouse Secretaries Limited; Defendant: Esquiline Asset Managers Limited; Defendant: Esquiline Finance Limited; Defendant: Stephen Jones; Defendant: John Clark
Jurisdiction
England and Wales
Judgment Date
07 June 2019
Procedural Posture
Committal Application for Contempt of Court / Interlocutory Hearing on Adjournment and Cross Examination
Outcome
Application adjourned to allow seventh defendant to apply for legal aid; order for expedition of resumed hearing.
Legal Topics
Committal for Contempt, Legal Aid Entitlement, Cross Examination of Contemnor, Disclosure Obligations, Freezing Injunctions
Civil Procedure Contempt of Court Human Rights Committal for Contempt Legal Aid Entitlement Cross Examination of Contemnor Disclosure Obligations Freezing Injunctions

Case Brief

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Parties

Discovery Land Company, LLC

Claimant

Taymouth Castle DLC, LLC

Claimant

River Tay Castle LLP

Claimant

Jirehouse

Defendant

Jirehouse Partners LLP

Defendant

Jirehouse Trustees Limited

Defendant

Jirehouse Secretaries Limited

Defendant

Esquiline Asset Managers Limited

Defendant

Esquiline Finance Limited

Defendant

Stephen Jones

Defendant

John Clark

Defendant

Procedural Posture

Committal Application for Contempt of Court / Interlocutory Hearing on Adjournment and Cross Examination

Legal Issues

  1. 1 Whether the committal application should be adjourned to allow the seventh defendant to apply for legal aid
  2. 2 Whether the seventh defendant can be compelled to submit to cross-examination on his affidavit evidence

Ratio Decidendi

The hearing must be adjourned to allow Mr Jones to apply for legal aid, as failure to inform him of this right would breach principles of fairness and Article 6.3(c) ECHR. Mr Jones cannot be compelled to submit to cross-examination, but if he chooses not to do so, the court may draw adverse inferences against him.

Court Disposition

Application adjourned to allow seventh defendant to apply for legal aid; order for expedition of resumed hearing.

Orders

  • Adjournment of committal application
  • Order for expedition of resumed hearing