Lexi Holdings v Luqman & Ors [2007] EWCA Civ 888

Case No 2007/1663/A3[2007] EWCA Civ 888
IN THE SUPREME COURT OF JUDICATURE
COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT OF JUSTICE
CHANCERY DIVISION
(HIS HONOUR JUDGE BRIGGS)
Venue Royal Courts of Justice, Strand, London, WC2A 2LLDate Monday, 6 th August 2007LORD JUSTICE MUMMERYLORD JUSTICE CHADWICK
LEXI HOLDINGSAppellantLUQMAN & ORSRespondent
(DAR Transcript ofWordWave International LimitedA Merrill Communications Company190 Fleet Street, London EC4A 2AGTel No: 020 7404 1400 Fax No: 020 7831 8838Official Shorthand Writers to the Court)
Mr P Marshall QC and Miss R Holtman (instructed by DLA Piper Llp) appeared for Appellant.Mr J Gibbons (instructed by Birchall Blackburn Solicitors) appeared for Respondent.
Judgment
[1]What we propose to do is to grant permission to appeal, and to allow the appeal, and make an order in terms of paragraph 1 Section 7 of the appellant’s notice continuation sheet (it is on page 9 of bundle 1) with amendments so as to provide that, unless Mr Mohammad Luqman complies in full with all the obligations contained in paragraphs 11 and 12, the order of David Richards J dated 13 November 2006, within fourteen days of the date of this order, the defence of the respondent be struck out and he be debarred from defending these proceedings further.[2]What we are also proposing to do, if it is convenient to the parties and their representatives, is to give our reasons for granting permission and allowing the appeal to that extent at 10.00 am tomorrow.

Order

Application granted.