Michael Wilson & Partners Limited v John Forster Emmott

Facts

Michael Wilson & Partners Limited ("MWP"), represented by Mr Wilson, and Mr John Forster Emmott have been engaged in protracted litigation arising out of an arbitration between them. Mr Emmott obtained an arbitral award in his favour dated 5 September 2014, which he was given leave to enforce as if it were an order of the High Court by an order of Mr Justice Burton made on 27 June 2015, the sums then due being £3,209,213 and some US$841,213. MWP in turn obtained numerous costs orders against Mr Emmott, including an order of HHJ Pelling KC of 20 November 2020 for a payment on account of £255,000, which Costs Judge Rowley assessed on 7 July 2022 at £309,439.47, staying payment on terms that Mr Emmott apply for a declaration that he could set the sum off against the judgment debt. Three applications came before the court: Mr Emmott's set-off application of 22 July 2022; MWP's application of 20 October 2023 to rescind costs orders made by the arbitrators and by commercial court judges between October 2010 and May 2015; and MWP's debarring application of 19 June 2023. Judgment was reserved, and shortly before hand-down MWP applied to reopen the hearing on the basis of fresh evidence.