header-logo header-logo

28 April 2011
Issue: 7463 / Categories: Case law , Law reports
printer mail-detail

Procedure—Private hearings—Test for whether hearing in private

North Shore Ventures Ltd v Anstead Holdings Inc and others [2011] EWHC 910 (Ch), [2011] All ER (D) 174 (Apr)

Chancery Division, Floyd J, 13 Apr 2011

Where the question arises as to whether proceedings should be in private, there is no presumption that the hearing should continue in private simply because the case falls within CPR 39.2 and has been listed in private; the judge should consider all the circumstances.

John Machell (instructed by Cooke, Young & Keidan LLP) for the second and third defendants. Francis Tregear QC (instructed by Enyo Law) for the claimant.

The claimant company obtained judgment against the second and third defendants (the defendants) for a sum of approximately US$50m. The claimant obtained orders for the cross-examination of the defendants on their assets. Two cross-examination hearings were held, in July 2010 and December 2010 respectively. In February 2011, the Court of Appeal reduced the judgment in favour of the claimant by about $20m, and ordered a stay of execution of the judgement until the resolution of

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

HFW—Simon Petch

HFW—Simon Petch

Global shipping practice expands with experienced ship finance partner hire

Freeths—Richard Lockhart

Freeths—Richard Lockhart

Infrastructure specialist joins as partner in Glasgow office

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll