References: [2011] EWHC 1851 (Ch)
Links: Bailii
Coram: Sales J
Ratio: 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.
Statutes: Limited Liability Partnerships Act 2000, Companies Act 1985
This case cites:
- Cited – Prudential Assurance Company Ltd v McBains Cooper (A Firm) and Others CA (Times 02-Jun-00, Gazette 15-Jun-00, Bailii, [2000] EWCA Civ 172, [2000] 1 WLR 2000, [2000] CPLR 475, [2001] 3 All ER 1014, [2001] CP Rep 19)
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 (Times 14-Aug-01, Gazette 23-Aug-01, Bailii, [2001] EWHC Ch 396, [2001] 1 WLR 2337)
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 (Bailii, [2010] EWCA Civ 23, [2010] 2 BCLC 459)
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. . .
(This list may be incomplete)
This case is cited by:
- See Also – F and C Alternative Investments (Holdings) Ltd v Barthelemy and Another (No 2) ChD (Bailii, [2011] EWHC 1731 (Ch))
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&C Alternative Investments (Holdings) Ltd v Barthelemy and Another ChD (Bailii, [2011] EWHC 2807 (Ch))
. . - See Also – F and C Alternative Investments (Holdings) Ltd and Others v Barthelemy and Another CA (Bailii, [2012] EWCA Civ 843, [2012] WLR (D) 183, [2013] Bus LR 186, [2013] 1 Costs LR 35, [2013] 1 WLR 548, [2012] 4 All ER 1096)
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. . .
(This list may be incomplete)
Jurisdiction: England and Wales
Last Update: 05-Dec-16
Ref: 441823