Barons Finance Ltd v Barons Bridging Finance & Anor [2015] EWCA Civ 1016 (28 August 2015)

Barons Finance Ltd v Barons Bridging Finance & Anor [2015] EWCA Civ 1016 (28 August 2015)

There is a realistic prospect of success on appeal because the appellants may have been denied procedural fairness, particularly regarding the opportunity to rebut allegations of fraud and to present evidence on the value and enforceability of the assigned debts.

Citation
[2015] EWCA Civ 1016
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 / Permission to Appeal Application in the Court of Appeal
Outcome
Permission to appeal granted
Legal Topics
Assignment of Debts, Fraud Allegations, Disclosure, Procedural Fairness, Consumer Credit Act, Transactions at Undervalue
Insolvency Civil Procedure Assignment of Debts Fraud Allegations Disclosure Procedural Fairness Consumer Credit Act Transactions at Undervalue

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 3
Sign in to unlock

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 / Permission to Appeal Application in the Court of Appeal

Legal Issues

  1. 1 Whether the judge erred in refusing disclosure and admission of evidence relevant to allegations of fraud and undervalue
  2. 2 Whether procedural fairness was denied to the appellants
  3. 3 Whether the findings regarding the value of book debts and enforceability were adequately supported

Ratio Decidendi

There is a realistic prospect of success on appeal because the appellants may have been denied procedural fairness, particularly regarding the opportunity to rebut allegations of fraud and to present evidence on the value and enforceability of the assigned debts.

Court Disposition

Permission to appeal granted

Orders

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