Forrester Ketley & Co v Brent [2005] EWCA Civ 270 (01 March 2005)

Forrester Ketley & Co v Brent [2005] EWCA Civ 270 (01 March 2005)

The appeal was dismissed because the judge acted within his discretion in striking out the defence and counterclaim due to non-compliance, and the appeal was pointless as Mr Brent had not complied with the costs order. An extended civil restraint order was justified due to Mr Brent's vexatious conduct.

Citation
[2005] EWCA Civ 270
Parties
Claimant/respondent: Forrester Ketley & Co; Defendant/appellant: David Brent
Jurisdiction
England and Wales
Judgment Date
01 March 2005
Procedural Posture
Civil Appeal / Appeal From High Court, Chancery Division
Outcome
appeal dismissed, adjournment refused, extended civil restraint order granted, costs awarded to respondent
Legal Topics
Strike Out, Civil Restraint Order, Adjournment, Costs
Civil Procedure Patents Strike Out Civil Restraint Order Adjournment Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Forrester Ketley & Co

Claimant/respondent

David Brent

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court, Chancery Division

Legal Issues

  1. 1 Whether the order striking out defence and counterclaim was appropriate
  2. 2 Whether an adjournment should be granted on grounds of ill health
  3. 3 Whether an extended civil restraint order should be made

Ratio Decidendi

The appeal was dismissed because the judge acted within his discretion in striking out the defence and counterclaim due to non-compliance, and the appeal was pointless as Mr Brent had not complied with the costs order. An extended civil restraint order was justified due to Mr Brent's vexatious conduct.

Court Disposition

appeal dismissed, adjournment refused, extended civil restraint order granted, costs awarded to respondent

Orders

  • Appellant's application for adjournment refused
  • Appeal dismissed