Frey& Ors v Labrouche [2012] EWCA Civ 881 (03 July 2012)

Frey& Ors v Labrouche [2012] EWCA Civ 881 (03 July 2012)

It was a fundamental procedural error for the High Court judge to refuse to hear oral argument from the trustees on their strike out applications. The right to be heard is central to justice, and the judge's refusal could not be justified by his reading of the papers or his provisional views. The applications must be remitted for hearing by another judge.

Citation
[2012] EWCA Civ 881
Parties
Appellants: Markus Albert Frey and others; Respondent: Labrouche (Forester Labrouche)
Jurisdiction
England and Wales
Judgment Date
03 July 2012
Procedural Posture
Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Strike Out Applications, Abuse of Process, Issue Estoppel, Right to Be Heard, Case Management, Trustee Duties
Civil Procedure Trusts and Estates Strike Out Applications Abuse of Process Issue Estoppel Right to Be Heard Case Management Trustee Duties

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Parties

Markus Albert Frey and others

Appellants

Labrouche (Forester Labrouche)

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal

Legal Issues

  1. 1 Whether the High Court judge erred in refusing to hear oral argument on strike out applications
  2. 2 Whether the refusal to hear argument breached the right to a fair hearing
  3. 3 Whether the applications should be remitted for hearing

Ratio Decidendi

It was a fundamental procedural error for the High Court judge to refuse to hear oral argument from the trustees on their strike out applications. The right to be heard is central to justice, and the judge's refusal could not be justified by his reading of the papers or his provisional views. The applications must be remitted for hearing by another judge.

Court Disposition

Appeal allowed

Orders

  • Decision of Peter Smith J refusing to hear strike out applications set aside
  • Strike out applications remitted to Chancery Division to be heard by another judge