The Court of Appeal have refused permission to appeal in re Cadogan [2019] EWHC 1557 (Ch)


On 2 November 2020, Lady Justice Asplin refused permission to appeal from the order of HHJ Klein (sitting as a Judge of the High Court) in re Cadogan [2019] EWHC 1557 (Ch). This was a rare case of a claim and counterclaim for accounts on a footing of wilful default. HHJ Klein had ordered that one administrator account in common form, that the other administrator account partly in common form and partly on a footing of wilful default, and that the second administrator’s account be subject to a special direction that he not be permitted any just allowance not recommended by the single joint expert. HHJ Klein also determined that various properties were beneficially owned by the estate. The taking of accounts is now listed to take place in the coming weeks.

A copy of HHJ Klein’s judgment is available here.

Francis Ng appeared for the successful claimant before HHJ Klein and provided written submissions to the Court of Appeal.