Atrium Training Services Ltd & Connor Williams Ltd, Re

Atrium Training Services Ltd & Connor Williams Ltd, Re

The Liquidators are granted an extension of time for disclosure until 28 June 2013, as the application was made before expiry, no significant prejudice would result, and the scale of disclosure justifies the extension. The extension is granted on 'unless' terms for the Atrium proceedings due to the history of delay and non-compliance, but not for the CWL proceedings. The application to vary the previous costs order to indemnity basis is refused as there was no material misstatement of facts and the jurisdiction under CPR 3.1(7) is not engaged.

Parties
Applicant: Robert Derek Smailes; Applicant: Stephen Blandford Ryman; Respondent: John Henry McNally; Respondent: George Scott MacLean; Respondent: John Alston Dick; Respondent: Pamela McNally
Jurisdiction
England and Wales
Judgment Date
07 June 2013
Procedural Posture
Civil / Interlocutory Application for Extension of Time for Disclosure, With Cross Application for Strike Out and Variation of Costs Order
Outcome
Extension of time for disclosure granted until 28 June 2013; unless order made for Atrium proceedings; application to vary costs order refused.
Legal Topics
Disclosure, Extension of Time, Unless Orders, Costs Assessment
Civil Procedure Insolvency Disclosure Extension of Time Unless Orders Costs Assessment

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Parties

Robert Derek Smailes

Applicant

Stephen Blandford Ryman

Applicant

John Henry McNally

Respondent

George Scott MacLean

Respondent

John Alston Dick

Respondent

Pamela McNally

Respondent

Procedural Posture

Civil / Interlocutory Application for Extension of Time for Disclosure, With Cross Application for Strike Out and Variation of Costs Order

Legal Issues

  1. 1 Should the Liquidators be granted an extension of time to comply with disclosure obligations?
  2. 2 Should the extension be granted on 'unless' terms?
  3. 3 Should the previous costs order be varied to provide for indemnity costs?

Ratio Decidendi

The Liquidators are granted an extension of time for disclosure until 28 June 2013, as the application was made before expiry, no significant prejudice would result, and the scale of disclosure justifies the extension. The extension is granted on 'unless' terms for the Atrium proceedings due to the history of delay and non-compliance, but not for the CWL proceedings. The application to vary the previous costs order to indemnity basis is refused as there was no material misstatement of facts and the jurisdiction under CPR 3.1(7) is not engaged.

Court Disposition

Extension of time for disclosure granted until 28 June 2013; unless order made for Atrium proceedings; application to vary costs order refused.

Orders

  • Liquidators to comply with disclosure obligations by 4 pm on 28 June 2013.
  • Unless order: claims in Atrium proceedings to be struck out if disclosure not completed by deadline, subject to right to apply for relief from sanctions.