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28 April 2011
Issue: 7463 / Categories: Case law , Law reports
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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

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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

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Ellisons—Robert Tiffen

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Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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