Michael Wilson & Partners Limited v John Forster Emmott & Ors

Michael Wilson & Partners Limited v John Forster Emmott & Ors

The court declined to summarily dismiss or stay the set-off application because there are substantial factual and legal disputes regarding Mr Emmott's entitlement to the judgment debt and the effect of assignments and funding agreements, which require determination at a substantive hearing. The strike-out application was refused, and the set-off application is to be listed for a full hearing.

Parties
Claimant: Michael Wilson & Partners Limited; Defendant: John Forster Emmott
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Commercial / Interlocutory Applications
Outcome
strike-out application refused; no order on debarring application; set-off application to be listed for hearing
Legal Topics
Strike Out Applications, Set Off, Costs Orders, Assignment of Debts, Enforcement of Arbitral Awards
Civil Procedure Commercial Law Strike Out Applications Set Off Costs Orders Assignment of Debts Enforcement of Arbitral Awards

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Parties

Michael Wilson & Partners Limited

Claimant

John Forster Emmott

Defendant

Procedural Posture

Commercial / Interlocutory Applications

Legal Issues

  1. 1 Whether the set-off application should be summarily dismissed or stayed
  2. 2 Whether Mr Emmott retains any entitlement to the judgment debt for purposes of set-off
  3. 3 Effect of various assignments and funding agreements on the right to set-off

Ratio Decidendi

The court declined to summarily dismiss or stay the set-off application because there are substantial factual and legal disputes regarding Mr Emmott's entitlement to the judgment debt and the effect of assignments and funding agreements, which require determination at a substantive hearing. The strike-out application was refused, and the set-off application is to be listed for a full hearing.

Court Disposition

strike-out application refused; no order on debarring application; set-off application to be listed for hearing

Orders

  • Set-off application to be listed for attended hearing in London
  • Costs of applications reserved to be dealt with at substantive hearing