Michael Wilson & Partners Limited v John Forster Emmott

Mr Emmott is entitled in principle to set off costs orders against the judgment debt owed by MWP, subject to factual determination of the state of account. Limitation does not bar defensive set off. MWP's applications to reopen, rescind costs orders, and debar Mr Emmott are dismissed as unarguable and without merit.

Parties: Claimant: Michael Wilson & Partners Limited; Defendant: John Forster Emmott
Jurisdiction: England and Wales
Judgment Date: 13 August 2025
Procedural Posture: Commercial / Judgment on Applications
Outcome: applications dismissed except limited declaration granted
Legal Topics: Set Off, Costs Orders, Limitation, Assignment, Abuse of Process

Civil Procedure Arbitration Costs Set Off Costs Orders Limitation Assignment Abuse of Process

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 5 Authorities cited 10 Party arguments 2 Amounts and remedies 7

Parties

Michael Wilson & Partners Limited

Claimant

John Forster Emmott

Defendant

Procedural Posture

Commercial / Judgment on Applications

Legal Issues

1 Whether Mr Emmott is entitled to set off judgment debt against costs orders obtained by MWP
2 Whether MWP is entitled to rescind costs orders made in favour of Mr Emmott
3 Whether Mr Emmott should be debarred from proceedings unless costs are paid

Ratio Decidendi

Court Disposition

applications dismissed except limited declaration granted

Orders

Re-opening application dismissed
Costs order rescission application dismissed and certified totally without merit