Further Judgment in Hotel Portfolio II UK Limited & Aird-Brown v Ruhan & Stevens [2022] EWHC 3385 (Comm)

Hotel Portfolio II UK Limited & Aird-Brown v Ruhan & Stevens [2022] EWHC 3385 (Comm)

On 28 December 2022, Deputy Master Kay KC dismissed Mr Stevens’ application to set aside (i) an order for a CPR Part 71 examination of Mr Stevens, and (ii) an order permitting service of the documents on Mr Stevens by alternative means. It was not oppressive or disproportionate to require the examination to take place when there was a pending appeal; Mr Stevens had twice been refused a stay of execution and even were he to succeed on appeal his liability would not be fully wiped out. Nor had the Claimants unreasonably refused to mediate. As for service: the application was dismissed because the Claimants already had permission to serve the claim “and any other documents” by alternative methods via a 2018 order, but even if that was wrong, and even if the Hague Service Convention applied in this case, there were exceptional circumstances justifying alternative methods of service.

James Pickering KC and Samuel Hodge represented the successful Claimants, instructed by James Russell and Callum Knight of Spring Law.

Judgment is below