Marstons Plc v Charman & Ors [2009] EWCA Civ 719 (29 April 2009)

Marstons Plc v Charman & Ors [2009] EWCA Civ 719 (29 April 2009)

The judge erred by imposing a substantial payment-in condition without application, warning, or opportunity for the defendant to respond, acting disproportionately and unfairly in the exercise of case management powers. The order could not stand and the appeal was allowed.

Citation
[2009] EWCA Civ 719
Parties
Appellant: Marstons PLC; Respondent: Charman & Ors
Jurisdiction
England and Wales
Judgment Date
29 April 2009
Procedural Posture
Civil Appeal / Appeal From Queen's Bench Division, Birmingham Mercantile Court
Outcome
Appeal allowed
Legal Topics
Case Management, Striking Out Pleadings, Unless Orders, Security for Costs, Summary Judgment, Litigants in Person
Civil Procedure Case Management Striking Out Pleadings Unless Orders Security for Costs Summary Judgment Litigants in Person

Case Brief

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Parties

Marstons PLC

Appellant

Charman & Ors

Respondent

Procedural Posture

Civil Appeal / Appeal From Queen's Bench Division, Birmingham Mercantile Court

Legal Issues

  1. 1 Whether the judge erred in imposing a condition of payment into court as a prerequisite for maintaining the defence and counterclaim
  2. 2 Whether the judge acted fairly and proportionately in exercising case management powers
  3. 3 Whether the defence and counterclaim were properly struck out for delay or non-compliance

Ratio Decidendi

The judge erred by imposing a substantial payment-in condition without application, warning, or opportunity for the defendant to respond, acting disproportionately and unfairly in the exercise of case management powers. The order could not stand and the appeal was allowed.

Court Disposition

Appeal allowed

Orders

  • Order for payment into court set aside
  • Defence and counterclaim reinstated