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Nick Wenban-Smith was in Court on the day it happened
We previously posted about Court Orders being changed after a Hearing at Central London County Court.
Nominet’s lawyers have now shown us the orders they drafted. They are not the same as the ones made by the Judge or the ones agreed in the Consent Orders the parties agreed to.
They have also confirmed that Nick Wenban-Smith was in Court at the hearing on 20 February.
Nominet argued in Court that the Consent Orders that they had proposed to settle the matter had not been agreed to. The Judge made clear that they disagreed with Nominet’s position. Nominet were asked whether they wanted to have another hearing to decide the matter; or would they now accept that the matter had been settled by Consent.
After taking instructions from Nick Wenban-Smith, Nominet’s barrister finally accepted that there was a binding settlement agreement. The Judge made orders in court on those lines and asked Nominet’s Barrister to draw them up and send them to the Court.
However, instead of doing that, they sent very different orders to the Court. Those orders wrongly referred to the strike-out application that had never been heard.
Even worse, they then changed the main order that should have ended the proceedings.
Nominet’s lawyers are now desperately claim that this choice was made by the Court. There is no evidence to support this at all.
Jim Davies’ lawyers have applied for an order giving them access to the documents relating to this change in the orders and access to the people who were in court. Nominet is resisting that application.
In an attempt to limit costs, Jim Davies’ lawyers have written to Nominet’s lawyers, suggesting that giving the independent Non-Executive directors access to the same information, along with independent legal advice. This might avoid a further wasteful court hearing. Nominet has already lost large sums of money in unsucessful hearings in both these and the Cardiff proceedings.
Continue reading...
We previously posted about Court Orders being changed after a Hearing at Central London County Court.
Nominet’s lawyers have now shown us the orders they drafted. They are not the same as the ones made by the Judge or the ones agreed in the Consent Orders the parties agreed to.
They have also confirmed that Nick Wenban-Smith was in Court at the hearing on 20 February.
Nominet argued in Court that the Consent Orders that they had proposed to settle the matter had not been agreed to. The Judge made clear that they disagreed with Nominet’s position. Nominet were asked whether they wanted to have another hearing to decide the matter; or would they now accept that the matter had been settled by Consent.
After taking instructions from Nick Wenban-Smith, Nominet’s barrister finally accepted that there was a binding settlement agreement. The Judge made orders in court on those lines and asked Nominet’s Barrister to draw them up and send them to the Court.
However, instead of doing that, they sent very different orders to the Court. Those orders wrongly referred to the strike-out application that had never been heard.
Even worse, they then changed the main order that should have ended the proceedings.
Nominet’s lawyers are now desperately claim that this choice was made by the Court. There is no evidence to support this at all.
Jim Davies’ lawyers have applied for an order giving them access to the documents relating to this change in the orders and access to the people who were in court. Nominet is resisting that application.
In an attempt to limit costs, Jim Davies’ lawyers have written to Nominet’s lawyers, suggesting that giving the independent Non-Executive directors access to the same information, along with independent legal advice. This might avoid a further wasteful court hearing. Nominet has already lost large sums of money in unsucessful hearings in both these and the Cardiff proceedings.
Continue reading...
