Byers & Ors v Samba Financial Group [2019] EWHC 3690 (Ch) (20 December 2019)

Byers & Ors v Samba Financial Group [2019] EWHC 3690 (Ch) (20 December 2019)

The defendant failed to provide sufficient evidence of a realistic prospect that SAMA would change its decision. The extension sought was not reasonable and would disrupt the orderly conduct of proceedings. No proper case for extension was made out, and the defendant's conduct was blameworthy.

Source-derived case information.

Citation
[2019] EWHC 3690 (Ch)
Parties
Claimant: Mark Byers; Claimant: Hugh Dickson; Claimant: Saad Investment Company Limited (in liquidation); Defendant: Samba Financial Group
Jurisdiction
England and Wales
Judgment Date
20 December 2019
Procedural Posture
Application for Extension of Time for Disclosure / Interlocutory Application
Outcome
Application for extension of time refused
Legal Topics
Disclosure Obligations, Extension of Time, Breach of Trust, Case Management
Civil Procedure Trusts and Equity Insolvency Disclosure Obligations Extension of Time Breach of Trust Case Management

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Parties

Mark Byers

Claimant

Hugh Dickson

Claimant

Saad Investment Company Limited (in liquidation)

Claimant

Samba Financial Group

Defendant

Procedural Posture

Application for Extension of Time for Disclosure / Interlocutory Application

Legal Issues

  1. 1 Whether the defendant should be granted a further extension of time to comply with disclosure obligations
  2. 2 Whether the defendant's conduct justifies refusal of extension
  3. 3 Impact of SAMA's refusal on disclosure

Ratio Decidendi

The defendant failed to provide sufficient evidence of a realistic prospect that SAMA would change its decision. The extension sought was not reasonable and would disrupt the orderly conduct of proceedings. No proper case for extension was made out, and the defendant's conduct was blameworthy.

Court Disposition

Application for extension of time refused

Orders

  • Adjournment of remainder of defendant's application of 13 December and claimants' application of 16 December to be heard not before 14 January 2020