Barons Finance Ltd v Barons Bridging Finance & Anor

Barons Finance Ltd v Barons Bridging Finance & Anor

Permission to appeal was granted because there was a realistic prospect of success on the grounds that the appellants may have been denied procedural fairness, particularly in relation to the exclusion of evidence and witness statements, lack of disclosure, and inadequate consideration of fraud and undervalue allegations.

Parties
Applicant/respondent: Barons Finance Limited (In Liquidation); Respondent/appellant: Barons Bridging Finance (1) Limited; Respondent/appellant: Reddy Corporation Limited; Respondent/appellant: Dharam Prakash Gopee
Jurisdiction
England and Wales
Judgment Date
28 August 2015
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Permission to appeal granted
Legal Topics
Assignment of Book Debts, Fraud Allegations, Disclosure, Procedural Fairness, Consumer Credit Act Compliance
Insolvency Civil Procedure Assignment of Book Debts Fraud Allegations Disclosure Procedural Fairness Consumer Credit Act Compliance

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Parties

Barons Finance Limited (In Liquidation)

Applicant/respondent

Barons Bridging Finance (1) Limited

Respondent/appellant

Reddy Corporation Limited

Respondent/appellant

Dharam Prakash Gopee

Respondent/appellant

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the refusal to admit late evidence and witness statements deprived the appellants of a fair trial
  2. 2 Whether the judge erred in refusing disclosure relevant to the value of book debts
  3. 3 Whether the judge failed to properly consider evidence regarding fraud and undervalue allegations

Ratio Decidendi

Permission to appeal was granted because there was a realistic prospect of success on the grounds that the appellants may have been denied procedural fairness, particularly in relation to the exclusion of evidence and witness statements, lack of disclosure, and inadequate consideration of fraud and undervalue allegations.

Court Disposition

Permission to appeal granted

Orders

  • Appellants granted permission to appeal
  • Appellants permitted to amend grounds of appeal within 28 days