Crabtree v NG

Crabtree v NG

The court held that the case management and debarring orders were fair and appropriate, given Mr Crabtree's repeated non-compliance and the need for efficient litigation. The refusal of relief from sanctions by Lewison J was upheld, as there was no error of principle. The wasted costs show cause order was set aside as exceptional circumstances justified appellate intervention, particularly as particulars were not given and the respondent did not support the order.

Parties
Appellant: Stephen Crabtree; Respondent: Ivan Ng; Appellant: Paul Marshall (as appellant to the Wasted Costs Order)
Jurisdiction
England and Wales
Judgment Date
09 June 2011
Procedural Posture
Civil Appeal / Application for Permission to Appeal and Appeal Determination
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 Order, Valuation of Shares
Company Law Civil Procedure Unfair Prejudice Petition Case Management Relief From Sanctions Wasted Costs Order Valuation of Shares

Case Brief

Summary, issues, holding and outcome

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Parties

Stephen Crabtree

Appellant

Ivan Ng

Respondent

Paul Marshall (as appellant to the Wasted Costs Order)

Appellant

Procedural Posture

Civil Appeal / Application for Permission to Appeal and Appeal Determination

Legal Issues

  1. 1 Whether the appellant should be permitted to rely on further evidence at trial after failing to comply with case management orders
  2. 2 Whether the debarring orders and refusal of relief from sanctions were appropriate
  3. 3 Whether the show cause wasted costs order against counsel was justified

Ratio Decidendi

The court held that the case management and debarring orders were fair and appropriate, given Mr Crabtree's repeated non-compliance and the need for efficient litigation. The refusal of relief from sanctions by Lewison J was upheld, as there was no error of principle. The wasted costs show cause order was set aside as exceptional circumstances justified appellate intervention, particularly as particulars were not given and the respondent did not support the order.

Court Disposition

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

Orders

  • Application granted for wasted costs order (permission to appeal).
  • Appeal allowed for wasted costs order (order set aside).