Commercial disputesFriday 9 August 2024
On 8th August 2024, the Court of Appeal handed down judgment in Mex Group Worldwide Ltd v Ford & Ors [2024] EWCA Civ 959 following a 3-day hearing in July.
The case is the first appellate decision to consider the scope of the ‘expediency’ requirement under s.25 of the CJJA 1982 following the landmark decision of the Privy Council in Convoy Collateral Ltd v Broad Idea International Ltd [2021] UKPC 24, and the implementation of the European Union (Withdrawal) Act 2018.
It will also be of interest to practitioners for its guidance on the approach to applications to set aside WFOs obtained on an ex parte basis for breaches of full and frank disclosure – in particular the deprecation of the torrential approach frequently adopted by respondents . As Males LJ explained at [112], “In future, if the court is presented with a long shopping list of alleged failures of disclosure, with no attempt made to identify the relatively few points which really matter, it should simply decline to consider the issue at all.”
Thomas Grant KC and Daniel Petrides acted with Caley Wright (Maitland Chambers) for the appellants, instructed by Mark Hastings and James Clark of Quillon Law.
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