Crabtree v NG [2011] EWCA Civ 1455 (09 June 2011)

Crabtree v NG [2011] EWCA Civ 1455 (09 June 2011)

The Court of Appeal refused permission to appeal the case management orders debarring Mr Crabtree from adducing factual evidence, finding no error of principle or unfairness in the lower courts' decisions. The wasted costs 'show cause' order was set aside due to procedural irregularities and lack of support from the respondent.

Citation
[2011] EWCA Civ 1455
Parties
Appellant: Stephen Crabtree; Respondent: Ivan Ng; Appellant to the Wasted Costs Order: Paul Marshall
Jurisdiction
England and Wales
Judgment Date
09 June 2011
Procedural Posture
Appeal / Permission to Appeal Against Case Management and Wasted Costs Orders
Outcome
Appeal allowed in part; wasted costs order set aside; all other applications refused.
Legal Topics
Unfair Prejudice Petition, Case Management, Relief From Sanctions, Wasted Costs, Litigant in Person, Share Valuation
Company Law Civil Procedure Unfair Prejudice Petition Case Management Relief From Sanctions Wasted Costs Litigant in Person Share Valuation

Case Brief

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Parties

Stephen Crabtree

Appellant

Ivan Ng

Respondent

Paul Marshall

Appellant to the Wasted Costs Order

Procedural Posture

Appeal / Permission to Appeal Against Case Management and Wasted Costs Orders

Legal Issues

  1. 1 Whether the appellant should be granted permission to appeal against case management orders debarring him from adducing factual evidence at trial
  2. 2 Whether the wasted costs 'show cause' order against counsel should be set aside

Ratio Decidendi

The Court of Appeal refused permission to appeal the case management orders debarring Mr Crabtree from adducing factual evidence, finding no error of principle or unfairness in the lower courts' decisions. The wasted costs 'show cause' order was set aside due to procedural irregularities and lack of support from the respondent.

Court Disposition

Appeal allowed in part; wasted costs order set aside; all other applications refused.

Orders

  • Application granted for wasted costs order.
  • Appeal allowed for wasted costs order.