ON APPEAL FROM CENTRAL LONDON CIVIL JUSTICE CENTRE
(HIS HONOUR JUDGE BAILEY)
Strand, London, WC2A 2LL
B e f o r e :
LORD JUSTICE PITCHFORD
LORD JUSTICE CHADWICK
|- and -
HOLMES AND OTHERS
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Mr Jonathon Titmuss & Ms Anastasia Karseras (instructed by Plexus Law & Feltons Law) appeared on behalf of the Defendant.
Crown Copyright ©
Lord Justice Ward:
Order: PTA refused
Lord Justice Ward:
"A claimant must obtain the permission of the court if he wishes to discontinue all or part of a claim in relation to which –
(i) the court has granted an interim injunction; or
(ii) any party has given an undertaking to the court."
"Whether or not bailiffs entitled to enforce purported Liability Order (without serving a copy of it) against a person or business who has not been in occupation of a business premises."
"This application is being made in the course of [in anticipation of] proceedings in the High Court pursuant to Article 3 of the High Court and County Courts Jurisdiction Order 1991."
"Accordingly, the claimants in the present case, a solicitors firm, intend to apply within seven days from today, by way of case stated to challenge the said liability order and to have it set aside..."
"Sullivan J as far as I can recall having read through the Application Notice, the claimant's affidavit in support and exhibits thereof stated, "Ms Anokye I do not need to hear from you, I am satisfied the injunction must be maintained and may I suggest that your client issues a Claim Form and in so doing, should name the principal, London Borough of Harringay as a Defendant.""
"IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
IN THE MATTER OF SECTION 37(1) SUPREME COURT ACT 1981
BEFORE MR JUSTICE SULLIVAN
BETWEEN: VLS SOLICITORS Claimants
PERSONS UNKNOWN (BALIFFS) (2) Defendants
UPON HEARING Counsel for the Claimants and UPON the Claimants undertaking to pay damages to the Defendants for any loss sustained by reason of the injunction if it subsequently transpires that it ought not to have been granted
AND UPON the Claimants undertaking to commence proceedings within 7 days of the date of this Order
IT IS ORDERED That:
(1) The injunction granted at 7.10pm on Wednesday 9th April 2008 restraining the Defendants or any other person from taking action on the Magistrates' Liability Order dated 28 January 2008, namely Mr Osuji, be extended until the final determination of the Claimant's claim or further order."
"4.4(3) an order made before the issue of a claim form should state in the title after the names of the applicant and respondent 'the Claimant and Defendant in an intended action'."
That was not done.
"Unless the court orders otherwise, a claimant who discontinues is liable for the costs which a defendant against whom the claimant discontinues incurred on or before the date on which notice of discontinuance was served on the defendant."
So the second defendant, the London Borough of Harringay, duly prepared a bill of costs for which it submitted for assessment.
"A claimant must obtain the permission of the court if he wishes to discontinue all or part of a claim in relation to which -
(i) the court has granted an interim injunction."
"Where the context requires, a reference to 'the court' means a reference to a particular county court, a district registry, or the Royal Courts of Justice."
That rule is necessary because the Civil Procedure Rules apply across the board to the High Court as to the county court.
Lord Justice Pitchford:
Lord Justice Chadwick:
Order: Appeal dismissed