Marstons Plc v Charman & Ors

Marstons Plc v Charman & Ors

The judge erred by imposing a disproportionate and unfair condition of payment into court without application, notice, or proper opportunity for the defendant to respond, thereby exceeding appropriate case management powers.

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
Civil Procedure Case Management Striking Out Pleadings Unless Orders Security for Costs Summary Judgment

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 defending the claim and counterclaim
  2. 2 Whether the judge acted fairly and proportionately in exercising case management powers

Ratio Decidendi

The judge erred by imposing a disproportionate and unfair condition of payment into court without application, notice, or proper opportunity for the defendant to respond, thereby exceeding appropriate case management powers.

Court Disposition

appeal allowed

Orders

  • The appeal is allowed.