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England and Wales High Court (Queen's Bench Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales High Court (Queen's Bench Division) Decisions >> Buwule v MT Finance Ltd & Anor [2021] EWHC 1185 (QB) (06 May 2021) URL: http://www.bailii.org/ew/cases/EWHC/QB/2021/1185.html Cite as: [2021] EWHC 1185 (QB) |
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QUEEN'S BENCH DIVISION
URGENT APPLICATIONS COURT
Strand, London, WC2A 2LL |
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B e f o r e :
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DAVID BUWULE |
Applicant |
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- and - |
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MT FINANCE LIMITED STRETTONS LIMMITED |
Respondents |
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Camilla Whitehouse (instructed by Brightstone Law) for the Respondents
Hearing date: 6.5.21
Judgment as delivered in open court at the hearing
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Crown Copyright ©
MR JUSTICE FORDHAM :
Introduction
A time limit for a claim
In the event that the Applicant issues an application under Part 7 CPR and files and serves a Claim Form and Particulars of Claim by 4pm on 7 May 2021 seeking damages for, inter alia, alleged breaches of duties alleged to be owed to the Applicant by the First and Second Respondents, these proceedings shall continue as a Part 7 claim.
If the Applicant does not take the steps set out… above by 4pm on 7 May 2021, these proceedings shall stand dismissed without further order.
The consequence of that was that, although there was no longer any interim injunction or extant application for an interim injunction, the Court had made provision for the extant legal proceedings (the proceedings for the interim injunction) to stand as a vehicle for the making of a claim seeking damages for alleged breaches of duties allegedly owed. In making that provision, the Court had laid down a timetable and had made provision that, if that timetable expired, the proceedings would be dismissed: in other words, the vehicle would no longer be available for the new claim, as at a certain date and time.
An application for an extension of time
I believe if the Court grants this Application, it will not prejudice the Respondents in any way especially as the limitation period for a claim based on breach of duty to be brought would be 6 years. My intention however is not to wait until 6 years. I am respectfully asking to be allowed to file and serve the Claim Form and Particulars of Claim at least by 4pm on 30/07/2021. Allowing me more time will enable me to find and use the help of a legal professional and then make my claim properly and sufficiently.
Commencing a claim in the ordinary way
An option still available to the Applicant
… A dismissal of the Applicant's application does not preclude [him] from seeking legal advice and filing and serving a Claim in due course, just not as part of the urgent without notice application for an interim injunction.
An extension of time is not needed, or pursued
Does non-pursuit mean a costs order?
The Respondents seek their costs
A costs order is not appropriate
No need to deal with other arguments
Eyes wide open
Disposal
Addendum: mode of hearing
6.5.21