Paratus AMC Ltd v Lewis

Despite Paratus's contempt and woeful conduct, the court found it unjust to deprive Paratus of its contractual right to deduct the additional costs from the proceeds of sale. The order was varied to reflect the corrected sum, and Paratus was ordered to pay the balance into court.

Parties: Claimant: Paratus AMC Limited; Defendant: Mr Anselm Lewis; Interested Party: Mr Christopher Hall
Jurisdiction: England and Wales
Judgment Date: 16 April 2014
Procedural Posture: Civil / Application to Vary Court Order
Outcome: Application granted in part; order varied
Legal Topics: Variation of Court Orders, Mortgage Enforcement, Contempt of Court, Costs Orders

Civil Procedure Property Law Variation of Court Orders Mortgage Enforcement Contempt of Court Costs Orders

Case Brief

Summary, issues, holding and outcome

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Parties

Paratus AMC Limited

Claimant

Mr Anselm Lewis

Defendant

Mr Christopher Hall

Interested Party

Procedural Posture

Civil / Application to Vary Court Order

Legal Issues

1 Whether the claimant is entitled to vary the previous court order to deduct additional costs from sale proceeds
2 Whether contempt of court by the claimant should bar relief
3 Appropriateness of pro bono costs order and publication of transcript

Ratio Decidendi

Court Disposition

Application granted in part; order varied

Orders

Order of Mr Justice Norris varied to require payment into court of £173,007.66
Paratus to pay balance between £168,726.66 and £173,007.66 into court forthwith