The parties applied to the court for a conclusion to their action without the draft judgment being handed down and published, they having reached agreement.
Held: It was within the judge’s discretion and in this in the public interest for the judgment to be handed down. It was not the function of a draft judgment to provide an opportunity for the parties to settle. Nor was it appropriate to give a partial judgment without the facts which would allow it to be understood. The defendants were perhaps unnecessarily concerned at the risk of an appeal.
Sales J
[2011] EWHC 1851 (Ch)
Bailii
Limited Liability Partnerships Act 2000, Companies Act 1985
England and Wales
Citing:
Cited – Prudential Assurance Company Ltd v McBains Cooper (A Firm) and Others CA 23-May-2000
A judge who had submitted a draft judgment to the parties for comment before publishing a final version, was entitled to go ahead and publish his judgment notwithstanding that the parties had reached a settlement after seeing the draft. The judge . .
Cited – Liverpool Roman Catholic Archdiocesan Trust v David Goldberg QC (No 3) ChD 6-Jul-2001
Where parties settled a matter after the draft of the judgment had been delivered to them, and the terms of the settlement required the non-publication of the judgment, the judge nevertheless retained the power to publish that judgment.
Held: . .
Cited – Boughtwood v Oak Investment Partners XII Ltd CA 28-Jan-2010
The claimant had alleged unfair prejudice in the conduct of the business. The court considered an appeal on the valuation of the shares ordered to be purchased. . .
Cited by:
See Also – F and C Alternative Investments (Holdings) Ltd v Barthelemy and Another (No 2) ChD 14-Jul-2011
The court was asked as to the fiduciary obligations owed by members of the board of a limited liability company.
Held: Sales J said that: ‘there is nothing in the Act to qualify the usual fiduciary obligations which an agent owes his principal . .
See Also – F and C Alternative Investments (Holdings) Ltd v Barthelemy and Another ChD 28-Oct-2011
. .
See Also – F and C Alternative Investments (Holdings) Ltd and Others v Barthelemy and Another CA 22-Jun-2012
The parties, former partners in a limited liability partnership providing investment funds management, had been involved in protracted and bitter litigation. The appellant now challenged the award of indemnity costs. . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 10 November 2021; Ref: scu.441823
