Thakrar v Ciro Citterio Menswear Plc & Ors, Court of Appeal - Chancery Division, October 01, 2002, [2002] EWHC 1975 (Ch)

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Thakrar v Ciro Citterio Menswear Plc & Ors, Court of Appeal - Chancery Division, October 01, 2002, [2002] EWHC 1975 (Ch)

Case No: HC02 C02547

Neutral Citation Number : [2002] EWHC 1975 (Ch)

IN THE HIGH COURT OF JUSTICE

CHANCERY DIVISION

Royal Courts of Justice

Strand, London, WC2A 2LL

Date: Tuesday, 1st October 2002

Before :

THE VICE-CHANCELLOR

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Between :

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Mr. John Randall QC and Mr. Lance Ashworth (instructed by Messrs. Wragge & Co) for the Claimant

Mr. David Richards QC and Mr. Philip Marshall (instructed by Messrs Dibb Lupton Alsop) for the Defendants

Hearing dates : 25th and 26th September

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Approved Judgment

I direct that pursuant to CPR PD 39A para 6.1 no official shorthand note shall be taken of this Judgment and that copies of this version as handed down may be treated as authentic.

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The Vice-Chancellor

The Vice-Chancellor :

Introduction

1. In these proceedings, for which I gave leave pursuant to s.11(3)(d) Insolvency Act 1986 at the commencement of the hearing, the claimant Mr Kirit Thakrar (to whom I shall refer as "Kirit" so as to distinguish him from his two brothers and his nephew) seeks a declaration that the defendant Ciro Citterio Menswear plc ("the Company") is bound by the terms of a settlement agreement. The agreement in question is contained in a draft Tomlin order signed by the solicitors for Kirit and the Company on 9th August 2002. Most but not all the proceedings and claims to which it was intended to apply were due to be considered by the Court of Appeal on 13th August 2002 in relation to a number of applications for permission to appeal or to amend the appellants' notices in relation to appeals for which permission had already been granted.

2. On 13th August 2002 Kirit and the Company appeared before the Court of Appeal (Chadwick and Robert Walker LJJ) by counsel not previously concerned in the proceedings. The Company, supported by Kirit, applied for an order in the form of the agreed draft Tomlin order. This application was refused. The Court of Appeal then proceeded to hear and determine the various applications for permission to which I have referred substantially in the Company's favour. In subsequent correspondence the solicitor...

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