Lexi Holdings v Luqman & Ors

The Court of Appeal granted permission to appeal and allowed the appeal to the stated extent. It made a conditional unless order requiring full compliance with specified obligations within 14 days. In default, the respondent’s defence was to be struck out and he was debarred from defending the proceedings further.

Lexi Holdings appealed to the Court of Appeal from the High Court of Justice, Chancery Division. The supplied judgment gives no account of the underlying dispute or grounds of appeal. The order referred to in the reasons was an order of David Richards J dated 13 November 2006; the cover sheet identifies the appeal as being from the Chancery Division before His Honour Judge Briggs. The central procedural issue was the form of order to be made on the appeal.

1. Permission and disposition. The Court of Appeal granted permission to appeal and allowed the appeal to the extent specified in the appellant’s notice continuation sheet.
2. Conditional order. Unless Mr Mohammad Luqman complied in full with all obligations contained in paragraphs 11 and 12 within 14 days of the date of the Court of Appeal’s order, the defence of the respondent was to be struck out.
3. Debarring order. In the same event, Mr Luqman was to be debarred from defending the proceedings further.

The supplied reasons contain no further analysis of the legal basis for the order or of the underlying merits.

• Court of Appeal (Civil Division): In [2007] EWCA Civ 888, permission to appeal was granted and the appeal was allowed to the stated extent.
• High Court of Justice, Chancery Division: The appeal concerned an order dated 13 November 2006, referred to in the reasons as an order of David Richards J. The cover sheet identifies the appeal as being from the Chancery Division before His Honour Judge Briggs.