Bullock order upheld on appeal

Fouladi v Darout Ltd & Ors [2019] EWHC 1674 (Ch)

Mr Justice Henry Carr dismissed an appeal against the making of a Bullock order against three of four defendants to a noise nuisance claim finding that the judge was entitled, “and indeed obliged” to look at all the circumstances of the case including “the reasonableness of the initial decision by the Claimant to join the Fourth Defendant as a party to the action, but also the entire conduct of the proceedings.”

The Judge declined to interfere with HHJ Parfitt’s conclusion that:

“the overall position, it seems to me, without any doubt at all, is that it is the first to third defendants’ conduct, both prior to these proceedings and indeed during the course of them, in particular conduct in relation to not making what I regard as reasonable actual offers, that has led to the dispute and led to the litigation happening in the way that it has done”

The case provides a useful summary of the law related to Bullock and Sanderson orders.