Phaestos Ltd & Anor v Ho & Ors [2012] EWHC 1375 (TCC) (23 May 2012)

Phaestos Ltd & Anor v Ho & Ors [2012] EWHC 1375 (TCC) (23 May 2012)

Claimants have had ample opportunity and failed to comply with the consent order, have no intention of complying, and commercial reasons do not justify non-compliance. The court will not extend time for compliance. Unless order is appropriate and proportionate; relevant claims and particulars will be struck out if compliance is not achieved by deadline.

Citation
[2012] EWHC 1375 (TCC)
Parties
Claimant: Phaestos Limited; Claimant: Mindimaxnox LLP; Claimant: IKOS CIF Limited; Defendant: Peter Ho; Defendant: Tobin Maxwell Gover
Jurisdiction
England and Wales
Judgment Date
23 May 2012
Procedural Posture
Civil / Interlocutory Applications Regarding Compliance With Consent Order and Provision of Further Information
Outcome
Claimants' application for extension of time dismissed; Defendants' application for unless order granted.
Legal Topics
Relief From Sanctions, Variation of Consent Orders, Disclosure Obligations, Quantum of Damages
Civil Procedure Contract Law Relief From Sanctions Variation of Consent Orders Disclosure Obligations Quantum of Damages

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Parties

Phaestos Limited

Claimant

Mindimaxnox LLP

Claimant

IKOS CIF Limited

Claimant

Peter Ho

Defendant

Tobin Maxwell Gover

Defendant

Procedural Posture

Civil / Interlocutory Applications Regarding Compliance With Consent Order and Provision of Further Information

Legal Issues

  1. 1 Whether the court should extend time for compliance with a consent order
  2. 2 Whether an unless order should be made for non-compliance
  3. 3 Whether claims relating to quantum should be struck out for failure to provide further information

Ratio Decidendi

Claimants have had ample opportunity and failed to comply with the consent order, have no intention of complying, and commercial reasons do not justify non-compliance. The court will not extend time for compliance. Unless order is appropriate and proportionate; relevant claims and particulars will be struck out if compliance is not achieved by deadline.

Court Disposition

Claimants' application for extension of time dismissed; Defendants' application for unless order granted.

Orders

  • Claimants required to provide Further Information under Paragraphs 76.c and 154 to 156 of the RFI by 4pm on 28 May 2012.
  • If not complied with, Paragraphs 26.10 (specified words) and 30 of Amended Consolidated Particulars of Claim, and related passages in RFI Answers 76, 77, 77(6), 154, 155, 156, 165(1) and (2) to be struck out.