Page 44 - D-Day 6-6-17

(2)....
(3) No person may be compelled to give any evidence or produce any document that the person could not be compelled to give or produce on a trial of an ac+on in a court of law. (4) A summons or order under this rule must –
(a) state that the person on whom the requirement is imposed my apply to the Tribunal to vary or set aside the summons or order, if they have not had an opportunity to object to it; and
(b) state the consequences of failure to comply with the summons or order.
The Applicant submits that the documents requested are in the possession of Paul Brown- Constable of Flat 7, Mitre house, 124 King’s Road, London SW3 4TP who is a Director with effec+ve control of the Respondent company.
It is submi)ed that Mr Brown-Constable could be compelled to give or produce the documents requested on a trial of an ac+on in a court of law.
It is submi)ed that Mr Brown-Constable and the Respondent have both had plenty of opportunity to object to the disclosure of the documents.
The Applicant notes that any order which the Tribunal is minded to make must state the consequences of failure to comply with the summons or order and is respecbully requested to state in the order requested that, should Mr Brown-Constable fail to comply with such order, the Applicant is at liberty to apply to the County Court for enforcement ac+on.
The Applicant respecbully draws the Tribunal’s a)en+on to Rule 81 of the Civil Procedure Rules:
Requirement for a penal no0ce on judgments and orders
81.9
(1) Subject to paragraph (2), a judgment or order to do or not to do an act may not be enforced under Rule 81.4 unless there is prominently displayed, on the front of the copy of the judgment or order served in accordance with this SecBon, a warning to the person required to do or not to do the act in quesBon that disobedience to the order would be a contempt of court punishable by imprisonment, a fine or sequestraBon of assets.
The Applicant formally applies to the Tribunal for an Order pursuant to S.20 of the Tribunal Rules and requests that it should incorporate the requirements of Rule 81 of the Civil Procedure Rules if Mr Brown-Constable fails to deliver the documents consequent upon the direc+on already issued by the +me stated on 9 June.
Yours sincerely,
Bruce Maunder Taylor
Paul Brown-Constable / +44 207 589 7502 Mbl: +44 798 33 33 543 on behalf of the Directors of
MITRE HOUSE MANAGEMENT LIMITED