Needs transcripts for full proof. Adverse inference available.
Two sealed orders contain terms not pronounced at any hearing. DDJ Wood (06.01.2025, BL-2024-001166 (former County Court ref L10CL352), MHCM Day 9): costs 'reserved' at hearing sealed as 'forthwith 22,528' with strike-out of Mastermind Group Ltd as Second Claimant added (only possible because Master Clark's void transfer had split the single claimant into two parties). DM Glover (18.09.2024, BL-2024-001089): sealed order contains unpronounced directions restricting evidence, interim stay of ALL applications (no application made), bundle ban, and forced name change/claim split under threat of strike-out. 3 reasonable adjustment requests denied at the hearing. Undisclosed material used. Glover order is VOID on 4 independent grounds: (1) CPR 40.12 fabricated terms; (2) CPR 23.1 no application; (3) EA 2010 s.20 RA failure; (4) natural justice breach (Ridge v Baldwin [1964] AC 40). Reclassified from VOIDABLE to VOID 24.03.2026.
CPR 40.12; CPR 23.1; EA 2010 s.20; Egan v Motor Services (Bath) Ltd [2007] EWCA Civ 1002; Ridge v Baldwin [1964] AC 40
What the opponent will argue, and why they are wrong.
Without transcripts, applicant cannot prove terms were not pronounced.
This IS the point. 8 EX107 applications, 0 full transcripts in 200+ days. HMCTS has obstructed the very evidence needed. Adverse inference: if court had transcripts showing terms were pronounced, they would have produced them. The obstruction is itself evidence. R v SSHD ex p Doody: natural justice requires reasons.
The sealed order is presumed regular until challenged.
The sealed order IS being challenged. DDJ Wood: costs 'reserved' at hearing sealed as 'forthwith GBP 22,528' with strike-out added. DM Glover: unpronounced directions. The very purpose of CPR 40.12 is to correct discrepancies between what was pronounced and what was sealed. Egan v Motor Services: slip rule is the proper mechanism.
Costs 'reserved' at hearing but 'forthwith GBP 22,528' in sealed order. Strike-out added though never pronounced.
Fallback: DDJ Wood order is void under MHCM (G-A1) regardless of whether fabrication is proven.
Independence: Partially dependent on other grounds succeeding.
| Date | Judge | Type | Status |
|---|---|---|---|
| 6 January 2025 | DDJ Wood | Unless Order / Costs Order | VOID |
| 1 October 2024 | Deputy Master Glover | Directions Order | VOID |