Ashley & Anor v Jimenez [2025] EWHC 557 (Ch) (14 March 2025)

Ashley & Anor v Jimenez [2025] EWHC 557 (Ch) (14 March 2025)

The defendant attended the medical examinations but did not cooperate, rendering the assessments incomplete. The expert evidence from claimants' medical experts established no significant mental or neurological impairment preventing court attendance. The defendant's treating physician's evidence was unsupported and lacked foundation. The defendant failed to comply with Master Marsh's order regarding document production and examination, thereby breaching the suspended committal order. The defendant is debarred from relying on medical evidence to support incapacity and enforcement measures including referral for committal are justified.

Citation
[2025] EWHC 557 (Ch)
Parties
Claimant: Michael Ashley; Claimant: St James Holdings Limited; Defendant: Tony Michael Jimenez
Jurisdiction
England and Wales
Judgment Date
14 March 2025
Procedural Posture
Issues Trial in Enforcement Proceedings / Post Judgment, Determination of Compliance and Medical Incapacity
Outcome
Defendant found in breach of court orders; debarred from relying on medical evidence; matter referred for committal proceedings.
Legal Topics
CPR Part 71 Examination, Suspended Committal Order, Medical Incapacity, Fraudulent Misrepresentation, Compliance With Court Orders
Civil Procedure Enforcement of Judgments Contempt of Court CPR Part 71 Examination Suspended Committal Order Medical Incapacity Fraudulent Misrepresentation Compliance With Court Orders

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Parties

Michael Ashley

Claimant

St James Holdings Limited

Claimant

Tony Michael Jimenez

Defendant

Procedural Posture

Issues Trial in Enforcement Proceedings / Post Judgment, Determination of Compliance and Medical Incapacity

Legal Issues

  1. 1 Did the defendant fail to submit to examination by claimants' medical experts as required by Master Brightwell's order?
  2. 2 Is the defendant medically unable to attend court for examination under Part 71 due to mental or neurological impairment?
  3. 3 Has the defendant failed to comply with paragraph 3 of Master Marsh's order and thereby breached the suspended committal order of Mellor J?

Ratio Decidendi

The defendant attended the medical examinations but did not cooperate, rendering the assessments incomplete. The expert evidence from claimants' medical experts established no significant mental or neurological impairment preventing court attendance. The defendant's treating physician's evidence was unsupported and lacked foundation. The defendant failed to comply with Master Marsh's order regarding document production and examination, thereby breaching the suspended committal order. The defendant is debarred from relying on medical evidence to support incapacity and enforcement measures including referral for committal are justified.

Court Disposition

Defendant found in breach of court orders; debarred from relying on medical evidence; matter referred for committal proceedings.

Orders

  • Defendant debarred from relying on medical evidence regarding incapacity to attend court.
  • Defendant found in breach of paragraph 3 of Master Marsh's order and paragraph 1 of Mellor J's suspended committal order.