Hughes Jarvis Limited v Searle [2018] EW Misc B6 (CC) (27 April 2018)

Hughes Jarvis Limited v Searle [2018] EW Misc B6 (CC) (27 April 2018)

The claim and defence to counterclaim must be struck out because Mr. Jarvis's serious misconduct and contempt of court have irretrievably tainted his evidence, made a fair trial impossible, and it would be an affront to the administration of justice to allow the proceedings to continue.

Source-derived case information.

Citation
[2018] EW Misc B6 (CC)
Parties
Claimant: Hughes Jarvis Limited; Third Party/claimant: Neil Jarvis; Defendant: Mr. Searle
Jurisdiction
England and Wales
Judgment Date
27 April 2018
Procedural Posture
Civil / Application to Strike Out Claim and Defence to Counterclaim During Trial
Outcome
Claim and defence to counterclaim struck out
Legal Topics
Strike Out Applications, Contempt of Court, Fair Trial, Abuse of Process
Civil Procedure Strike Out Applications Contempt of Court Fair Trial Abuse of Process

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Hughes Jarvis Limited

Claimant

Neil Jarvis

Third Party/claimant

Mr. Searle

Defendant

Procedural Posture

Civil / Application to Strike Out Claim and Defence to Counterclaim During Trial

Legal Issues

  1. 1 Whether the claim and defence to counterclaim should be struck out due to contempt of court and misconduct by Mr. Jarvis
  2. 2 Whether a fair trial is still possible after the contempts
  3. 3 Whether lesser remedies than strike out are appropriate

Ratio Decidendi

The claim and defence to counterclaim must be struck out because Mr. Jarvis's serious misconduct and contempt of court have irretrievably tainted his evidence, made a fair trial impossible, and it would be an affront to the administration of justice to allow the proceedings to continue.

Court Disposition

Claim and defence to counterclaim struck out

Orders

  • The claim by Hughes Jarvis Limited is struck out.
  • The defence to the counterclaim by Mr. Jarvis and the claimant is struck out.