Cases

Radu v Houston & Another

Held

(1) The Master had erred in refusing an adjournment in order to allow the Claimant to respond to the late evidence of the Defendant and, in consequence, the hearing had not been fair; there had not been equality of arms. (2) The appeal court would conduct a re-hearing taking into account all of the evidence which had by now been served by the parties. (3) The additional cost of enforcing in Romania (over and above enforcing in a Brussels Convention country) was £80,000 not £125,000. (4) However, this was of no meaningful consequence as, prior to the appeal, judgment had been entered against the Claimant further to the Master's unless order for not paying the amount ordered by way of security. There was no basis on which that judgment could be set aside.

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