Dowding v The Character Group PLC [2025] EWHC 1755 (KB) (11 July 2025)

Dowding v The Character Group PLC [2025] EWHC 1755 (KB) (11 July 2025)

The court granted the unless order because the claimant had failed to pay substantial costs orders, provided insufficient evidence of impecuniosity, and was able to fund other litigation. Enforcement proceedings were inadequate, the value of the claim and debt were equivalent, and there were no overwhelming Article 6 ECHR considerations. The claimant's conduct and the lack of merit in the fraud allegations further justified the order.

Citation
[2025] EWHC 1755 (KB)
Parties
Claimant: Mark Dowding; Defendant: The Character Group PLC
Jurisdiction
England and Wales
Judgment Date
11 July 2025
Procedural Posture
Civil (high Court, King's Bench Division, Media and Communications List) / Post Interlocutory Applications: Unless Order Application and Amendment Application
Outcome
Unless order granted; claim struck out unless payment made within 28 days; amendment application stayed; claimant's applications refused.
Legal Topics
Unless Orders, Interlocutory Costs, Strike Out Applications, Summary Judgment, Impecuniosity and Access to Justice, Res Judicata/issue Estoppel, Abuse of Process, Data Subject Access Rights, Fraud on the Court
Civil Procedure Costs Employment Law Data Protection Unless Orders Interlocutory Costs Strike Out Applications Summary Judgment +5 more

Case Brief

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Parties

Mark Dowding

Claimant

The Character Group PLC

Defendant

Procedural Posture

Civil (high Court, King's Bench Division, Media and Communications List) / Post Interlocutory Applications: Unless Order Application and Amendment Application

Legal Issues

  1. 1 Whether an unless order should be granted striking out the claim unless the claimant pays outstanding costs orders
  2. 2 Whether the claimant should be permitted to amend his claim
  3. 3 Whether ongoing or new fraud proceedings justify a stay or refusal of the unless order

Ratio Decidendi

The court granted the unless order because the claimant had failed to pay substantial costs orders, provided insufficient evidence of impecuniosity, and was able to fund other litigation. Enforcement proceedings were inadequate, the value of the claim and debt were equivalent, and there were no overwhelming Article 6 ECHR considerations. The claimant's conduct and the lack of merit in the fraud allegations further justified the order.

Court Disposition

Unless order granted; claim struck out unless payment made within 28 days; amendment application stayed; claimant's applications refused.

Orders

  • Unless the claimant pays the judgment debt plus interest and £45,000 on account of costs within 28 days, the proceedings are struck out.
  • Amendment application and claim stayed pending payment.