Smurthwaite v Simpson-Smith & Anor

Smurthwaite v Simpson-Smith & Anor

Permission to appeal is granted on the costs order because subsequent disclosure of documents supports the applicant's contention that the respondents misrepresented their possession of documents, making it arguable that the costs order was unjust. The remaining grounds are adjourned pending the outcome of the trial, and a stay of execution of the costs orders is granted.

Parties
Applicant: Jolyon Smurthwaite; Respondent: Robin Simpson-Smith; Respondent: David Emmanuel Merton Mond
Jurisdiction
England and Wales
Judgment Date
08 April 2005
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
Permission to appeal granted on costs order; remaining grounds and related application adjourned; stay of execution of costs orders granted.
Legal Topics
Specific Disclosure, Costs Orders, Voluntary Arrangement, Misrepresentation, Adjournment, Stay of Execution
Insolvency Law Civil Procedure Specific Disclosure Costs Orders Voluntary Arrangement Misrepresentation Adjournment Stay of Execution

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Parties

Jolyon Smurthwaite

Applicant

Robin Simpson-Smith

Respondent

David Emmanuel Merton Mond

Respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether permission to appeal should be granted against the order for costs related to an application for specific disclosure
  2. 2 Whether there was misrepresentation regarding disclosure of documents and legal representation
  3. 3 Whether the relationship status of Diane Williams is relevant under section 435(8) of the Insolvency Act

Ratio Decidendi

Permission to appeal is granted on the costs order because subsequent disclosure of documents supports the applicant's contention that the respondents misrepresented their possession of documents, making it arguable that the costs order was unjust. The remaining grounds are adjourned pending the outcome of the trial, and a stay of execution of the costs orders is granted.

Court Disposition

Permission to appeal granted on costs order; remaining grounds and related application adjourned; stay of execution of costs orders granted.

Orders

  • Permission to appeal granted on costs order in application 2005/0033
  • Remaining grounds of appeal adjourned until after trial