Source: All England Reporter
Publisher Citation: [2018] All ER (D) 122 (Jan)
Neutral Citation: [2018] EWHC 77 (Ch)
Court: Chancery Division, Bristol District Registry

Judge Paul Matthews

Representation Stuart Cutting (instructed by Moore & Tibbits Ltd) for the applicant.
  James Couser (instructed by Gardner Leader LLP) for the respondents.
Judgment Dates: 24 January 2018


Statement of case - Striking out - Abuse of process

The Case

Statement of case Striking out. The claimant liquidator's claim against the respondents for a declaration that a payment of 160,000 to them had been void as a preference was struck out, given his previous discontinuance of misfeasance allegations against the first two respondents. The Chancery Division held that CPR 38.7 applied, had not been complied with and permission under that rule was refused, and the claim was more generally an abuse of process.

Practice Areas

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