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You are here: BAILII >> Databases >> England and Wales High Court (Chancery Division) Decisions >> Johnson v Bank of Scotland Plc [2023] EWHC 169 (Ch) (30 January 2023) URL: http://www.bailii.org/ew/cases/EWHC/Ch/2023/169.html Cite as: [2023] EWHC 169 (Ch) |
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BUSINESS AND PROPERTY COURTS IN BRISTOL
CHANCERY APPEALS LIST
On appeal from the Business List (ChD)
District Judge Woodburn
2 Redcliff Street, Bristol, BS1 6GR |
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B e f o r e :
(sitting as a Judge of the High Court)
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TOM JOHNSON |
Claimant/ Appellant |
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- and - |
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BANK OF SCOTLAND PLC |
Defendant/ Respondent |
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Eversheds Sutherland (International) LLP for the Defendant/Respondent
Application dealt with on paper
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Crown Copyright ©
HHJ Paul Matthews :
Introduction
The orders of DJ Wales
"Unless by 4pm on 8th June 2022 the Claimant files in court and serves upon the Defendant a properly detailed Particulars of Claim in accordance with the following paragraph, the Claimant's claim will be struck out."
The following paragraph gave detailed directions to the claimant as to how the particulars of claim should be set out in order to avoid being automatically struck out. The claimant wrote to thank the court for its guidance, and apologised to the defendant's lawyers. On 7 June 2022 (ie within the time limit set by the 'unless' order of 18 May) the claimant filed further, more extensive, particulars of claim. These were however couched in note form, using a considerable number of abbreviations. Having looked at them myself, I can say that they were not easy to follow.
"(a) the amended Particulars of Claim do not concisely set out all the facts and circumstances which are alleged to give rise to his claim and do not allow the court or the Defendant to understand the nature of the Claimant's claim without speculating or making imputations as to the nature of the claim
(b) the amended Particulars of Claim do not demonstrate what the Claimant says is his loss, how it has been calculated, or how it has been caused by the matters alleged
(c) the amended Particulars of Claim do not comply with the provisions of the order of the court dated 18 May 2022
(d) in the circumstances the amended Particulars of Claim do not properly disclose any reasonable grounds for bringing the claim
(e) the amended Particulars of Claim are an abuse of the court process and are otherwise likely to obstruct the just disposal of the proceedings and
(f) there has been a general failure to comply with court rules, namely CPR 16.2 (1)(a) which requires a statement of case to contain a concise statement of the nature of the claim, 16.4(1) which requires Particulars of Claim to contain a concise statement of the facts on which the Claimant relies, and Practice Direction 16 para 8.1 which requires proper details of any allegations of fraud, illegality, misrepresentation, breaches of trust, knowledge of a fact, and/or wilful default".
The application to set aside
"AND UPON the Claimant having not filed/served any further amended Particulars of Claim since the Order dated 16 June 2022 and the Court, today giving to the Claimant an opportunity to summarise his claim(s) against the Defendant and to explain the amount sought;
AND UPON the Court hearing the Defendant and considering the witness statement of the Claimant dated 3 July 2022 and forming the view that there is no (and not likely to be any) improvement in the particularity of this claim and that the Claim, such as it is, discloses no reasonable grounds for bringing a claim for the reasons set out at paragraph 1(a) to (f) inclusive of the Order dated 16 June 2022 and that there has been no, or no significant change, in the presentation of the Claim since the Order dated 16 June 2022 … "
The requests for a transcript
The new particulars of claim
Cost-capping
Transcripts: the law
"Any party or person may require a transcript or transcripts of the recording of any hearing to be supplied to them, upon payment of the charges authorised by any scheme in force for the making of the recording or the transcript."
But that rule, whilst conferring a right, requires the party or person to pay authorised charges for the transcript. What about the supply of a transcript at the public expense?
"(1) Subject to paragraph (2), the lower court or the appeal court may direct, on the request of a party to the proceedings, that an official transcript of the judgment of the lower court, or of any part of the evidence or the proceedings in the lower court, be obtained at public expense for the purposes of an appeal.
(2) Before making a direction under paragraph (1), the court must be satisfied that—
(a) the requesting party qualifies for fee remission or is otherwise in such poor financial circumstances that the cost of obtaining a transcript would be an excessive burden; and
(b) it is necessary in the interests of justice for such a transcript to be obtained."
"32. First, if the requesting party is prepared to pay for the transcript of a judgment or hearing, he or she is entitled to it as of right. If the requesting party cannot pay, so seeks the transcript at public expense, that will only be permitted if it is in 'the interests of justice'. That hurdle is to ensure the proper use of public funds. … "
The claimant's submissions
"Applicant A alleges severe hearing disability & proven recognised mental illness (anxiety-stress) rendered it impossible for him to participate in the proceedings.
Possibly A heard unfair imputations re 'wrongful' LIP & failing to provide evidence particulars which remain undisclosed i.e. evidence under the control of the Respondent.
A also alleges apparent imputations and unfairness/intimidation re his competence as a chartered accountant of 40 years' standing e.g. possible negativity regarding 'fishing' for evidence & LIP ignorance re the 'public' Direct debit payment system & LIP allegedly using court for consumer advice."
"Applicant's grounds call for the full evidence of the 15.11.2022 Hearing because:
1. Evidence to support Applicant's veracity.
2. Fairness/Process. Access to the full transcript apparently has been obstructed.
3. CPR 52.14 (2) (a) Applicant qualifies for fee remission; also on grounds of such poor financial circumstances that the cost of obtaining a transcript would be an excessive burden; and
4. In particular A's application for Permission for CCO has been struck out.
5. CPR 52.14 (2) (b) It is necessary in the interests of justice for such a transcript to be obtained; particularly regarding a public interest case.
6. Severe hearing disability. Applicant considers that this alone merits the full transcript."
Discussion
Conclusion