Michael Ashley & Anor v Tony Michael Jimenez

Michael Ashley & Anor v Tony Michael Jimenez

The defendant failed to submit to medical examinations as ordered, is not medically unable to attend court for examination under CPR Part 71, and failed to comply with document production obligations under Master Marsh’s order, thereby breaching the suspended committal order. The court will issue a bench warrant for his arrest.

Parties
Claimant: Michael Ashley; Claimant: St James Holdings Limited; Defendant: Tony Michael Jimenez
Jurisdiction
England and Wales
Judgment Date
14 March 2025
Procedural Posture
Civil / Issues Trial Following Enforcement Proceedings
Outcome
Bench warrant issued for defendant’s arrest for breach of suspended committal order; defendant barred from relying on medical evidence; findings on all three issues in claimants’ favour.
Legal Topics
Suspended Committal Orders, Part 71 Examination, Medical Evidence in Enforcement, Document Production Obligations
Civil Procedure Enforcement of Judgments Contempt of Court Suspended Committal Orders Part 71 Examination Medical Evidence in Enforcement Document Production Obligations

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Parties

Michael Ashley

Claimant

St James Holdings Limited

Claimant

Tony Michael Jimenez

Defendant

Procedural Posture

Civil / Issues Trial Following Enforcement Proceedings

Legal Issues

  1. 1 Whether the defendant failed to submit to examination by the claimants’ medical experts as ordered, barring reliance on medical evidence
  2. 2 Whether the defendant is medically unable to attend court for examination under Part 71 by reason of mental or neurological impairment
  3. 3 Whether the defendant failed to comply with document production obligations under Master Marsh’s order, breaching the suspended committal order

Ratio Decidendi

The defendant failed to submit to medical examinations as ordered, is not medically unable to attend court for examination under CPR Part 71, and failed to comply with document production obligations under Master Marsh’s order, thereby breaching the suspended committal order. The court will issue a bench warrant for his arrest.

Court Disposition

Bench warrant issued for defendant’s arrest for breach of suspended committal order; defendant barred from relying on medical evidence; findings on all three issues in claimants’ favour.

Orders

  • Bench warrant to be issued against Tony Michael Jimenez.
  • Defendant barred from relying on medical evidence regarding inability to attend court.