AA and Ors v UU and Ors - Judgment
Inter partes hearing on terms of Norwich Pharmacal Order - status of order made at ex parte on notice hearing - whether cross-undertaking asto damages should have be included in initial order and/or final order - whether leave to appeal exclusion of undertaking should be granted or whether review permissible under liberty to apply provision in order - whether interim payment on account of respondents’ costs and/or security for costs should be ordered-appropriate respondents to order - effect of acceptance of jurisdiction by some respondents on ability of others to contest jurisdiction - application of “mixed up” requirement to successor in title of party innocently involved in wrongdoing - need for limits on innocent party’s entitlement to recover full costs of compliance - Grand Court Rules (2023 Revision), Preamble paragraph 4, Order 62 r.4(7)(h). Civil Procedure; Norwich Pharmacal Relief; Interim and Final Orders; Costs; Cross‑Undertakings; Court Discretion; Fraud and Asset Tracing
| Neutral Citation | [2025] CIGC (FSD) 42 |
|---|---|
| Cause Number | FSD 0308/2024 (IKJ) |
| Court | CIGC (FSD) |
| Judge | Kawaley J |
| Parties | AA and Ors v UU and Ors - Judgment |
| Judgment Date | 2025-05-29 |
| Subject | Inter partes hearing on terms of Norwich Pharmacal Order - status of order made at ex parte on notice hearing - whether cross-undertaking asto damages should have be included in initial order and/or final order - whether leave to appeal exclusion of undertaking should be granted or whether review permissible under liberty to apply provision in order - whether interim payment on account of respondents’ costs and/or security for costs should be ordered-appropriate respondents to order - effect of acceptance of jurisdiction by some respondents on ability of others to contest jurisdiction - application of “mixed up” requirement to successor in title of party innocently involved in wrongdoing - need for limits on innocent party’s entitlement to recover full costs of compliance - Grand Court Rules (2023 Revision), Preamble paragraph 4, Order 62 r.4(7)(h). Civil Procedure; Norwich Pharmacal Relief; Interim and Final Orders; Costs; Cross‑Undertakings; Court Discretion; Fraud and Asset Tracing |
| Filename (current) | 25-05-29-In-the-matter-of-AA-v-UU-Judgment.pdf |
| Statute | Sections cited | Mentions |
|---|---|---|
| Grand Court Rules - Vol I - Orders (subordinate) | — | 2 |
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