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Contact

Contact with chambers should be made through the Practice Management Team. They are happy to discuss client requirements and provide further information on such matters as the expertise and experience of individual members, fees, working practices and languages spoken. We have members able to work in French, German, Italian, Spanish, Dutch, Swedish, Greek and Chinese (Mandarin).

Outside working hours, a member of our team is always available to be contacted on matters of an urgent nature. Contact should be made using the Chambers main number or email.

To contact our Singapore office, please contact our BD Director, Asia, Rachel Foxton. Out of office hours calls will automatically be diverted to our clerking team in London.

London

20 Essex Street
London
WC2R 3AL

enquiries@twentyessex.com
t: +44 20 7842 1200
DX 0009 Lond/Chan Lane

Singapore

28 Maxwell Road
#02-03
Maxwell Chambers Suites
Singapore 069120

singapore@twentyessex.com
t: +65 62257230

Contact

Contact with chambers should be made through the Practice Management Team. They are happy to discuss client requirements and provide further information on such matters as the expertise and experience of individual members, fees, working practices and languages spoken. We have members able to work in French, German, Italian, Spanish, Dutch, Swedish, Greek and Chinese (Mandarin).

Outside working hours, a member of our team is always available to be contacted on matters of an urgent nature. Contact should be made using the Chambers main number or email.

To contact our Singapore office, please contact our BD Director, Asia, Rachel Foxton. Out of office hours calls will automatically be diverted to our clerking team in London.

London

20 Essex Street
London
WC2R 3AL

enquiries@twentyessex.com
t: +44 20 7842 1200
DX 0009 Lond/Chan Lane

Singapore

28 Maxwell Road
#02-03
Maxwell Chambers Suites
Singapore 069120

singapore@twentyessex.com
t: +65 62257230

29/04/2020

Debarring order in £16 million fraud claim

Although to debar a party from participating in litigation is a draconian sanction, Zacaroli J confirmed in a judgment handed down yesterday that it is nevertheless the “default” response to a party’s failure to pay an interim costs order.  If the respondent to a debarring application wishes to argue that he cannot pay and thus the sanction is too severe then he must adduce “detailed cogent and proper evidence” both of his own financial position and any ability to raise money from elsewhere.

Zacaroli J found here that the “substantial gaps” in the disclosure of bank statements demonstrated a manifest failure to meet that requirement.  There was also a failure to deal with other potential sources of funds.  A debarring order was therefore made.  However, the Judge narrowed the scope of the debarring order so that it was specific to the proceedings in which the unpaid costs had been incurred and did not extend to a related action, being case managed alongside, which is due for trial in June.

The urgent hearings of the substantive application and consequentials (at which indemnity costs were awarded) took place over video conferencing and the large and hastily assembled trial bundle was entirely electronic.

Andrew Fulton and Sam Goodman appeared for the Claimants.

Read the judgment

Relevant members
Andrew Fulton Sam Goodman
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