Mark Dowding v The Character Group Plc

Mark Dowding v The Character Group Plc

The claimant's failure to comply with substantial costs orders, despite having sufficient assets, justifies an unless order for strike out unless payment is made. The claims sought to be amended are barred by issue estoppel and abuse of process, having been determined in prior Employment Tribunal proceedings. The fraud proceedings and allegations of forged evidence are manifestly unmeritorious and do not warrant deferral or stay. Data subject access requests are abusive, have no realistic prospect of success, and are properly disposed of by summary judgment.

Parties
Claimant: Mark Dowding; Defendant: The Character Group PLC
Jurisdiction
England and Wales
Judgment Date
07 November 2025
Procedural Posture
Civil / Ruling on Amendment and Unless Order Applications
Outcome
Unless order granted; amendment application stayed; claim struck out unless payment made; costs awarded to defendant on indemnity basis.
Legal Topics
Strike Out, Summary Judgment, Costs Orders, Issue Estoppel, Abuse of Process, Data Subject Access Requests, Inducement of Breach of Contract, Director's Duties
Civil Procedure Employment Law Data Protection Strike Out Summary Judgment Costs Orders Issue Estoppel Abuse of Process +3 more

Case Brief

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Parties

Mark Dowding

Claimant

The Character Group PLC

Defendant

Procedural Posture

Civil / Ruling on Amendment and Unless Order Applications

Legal Issues

  1. 1 Whether claimant should be permitted to amend claim form and particulars of claim
  2. 2 Whether proceedings should be struck out or stayed unless costs orders are paid
  3. 3 Whether claims are barred by issue estoppel/res judicata from prior Employment Tribunal proceedings

Ratio Decidendi

The claimant's failure to comply with substantial costs orders, despite having sufficient assets, justifies an unless order for strike out unless payment is made. The claims sought to be amended are barred by issue estoppel and abuse of process, having been determined in prior Employment Tribunal proceedings. The fraud proceedings and allegations of forged evidence are manifestly unmeritorious and do not warrant deferral or stay. Data subject access requests are abusive, have no realistic prospect of success, and are properly disposed of by summary judgment.

Court Disposition

Unless order granted; amendment application stayed; claim struck out unless payment made; costs awarded to defendant on indemnity basis.

Orders

  • Unless claimant pays judgment debt (£288,000 plus accrued interest at 8% per annum) and £45,000 interim payment within 28 days, proceedings struck out.
  • Defendant entitled to file request for judgment under CPR 3.5(2)(a).