Hijazi v Yaxley-lennon [2022] EWHC 635 (QB) (03 February 2022)

Hijazi v Yaxley-lennon [2022] EWHC 635 (QB) (03 February 2022)

There is no jurisdictional bar to making a CPR 71.2 order against a bankrupt judgment debtor where the information is sought for legitimate purposes related to enforcement or ancillary proceedings, and where the trustee in bankruptcy does not object. The process is not itself enforcement and is not prohibited by s.285 Insolvency Act 1986. The court should exercise its discretion to make a protective examination order, subject to the bankruptcy and the debtor's obligations to the trustee in bankruptcy.

Citation
[2022] EWHC 635
Parties
Claimant/part 71 Applicant: Jamal Hijazi (via his litigation friend Abdulnaser Youssef); Defendant/part 71 Respondent: Stephen Yaxley-Lennon (AKA Tommy Robinson)
Jurisdiction
England and Wales
Judgment Date
03 February 2022
Procedural Posture
Part 71 Application (post Judgment Enforcement) in Defamation Proceedings / Application for Order Under CPR 71.2 for Judgment Debtor to Attend Court and Provide Information
Outcome
Application granted. Protective examination order made under CPR 71.2.
Legal Topics
CPR Part 71 (orders to Obtain Information From Judgment Debtor), Bankruptcy and Effect on Enforcement, Jurisdiction and Discretion in Enforcement Proceedings, Interaction Between Insolvency Law and Civil Enforcement, Information Gathering in Aid of Execution
Civil Procedure Insolvency Defamation CPR Part 71 (orders to Obtain Information From Judgment Debtor) Bankruptcy and Effect on Enforcement Jurisdiction and Discretion in Enforcement Proceedings Interaction Between Insolvency Law and Civil Enforcement Information Gathering in Aid of Execution

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Parties

Jamal Hijazi (via his litigation friend Abdulnaser Youssef)

Claimant/part 71 Applicant

Stephen Yaxley-Lennon (AKA Tommy Robinson)

Defendant/part 71 Respondent

Procedural Posture

Part 71 Application (post Judgment Enforcement) in Defamation Proceedings / Application for Order Under CPR 71.2 for Judgment Debtor to Attend Court and Provide Information

Legal Issues

  1. 1 Whether a CPR 71.2 order can be made or continued against a bankrupt judgment debtor
  2. 2 Whether the existence of bankruptcy bars or stays the Part 71 process
  3. 3 Whether the information sought under Part 71 serves a legitimate purpose in the context of bankruptcy

Ratio Decidendi

There is no jurisdictional bar to making a CPR 71.2 order against a bankrupt judgment debtor where the information is sought for legitimate purposes related to enforcement or ancillary proceedings, and where the trustee in bankruptcy does not object. The process is not itself enforcement and is not prohibited by s.285 Insolvency Act 1986. The court should exercise its discretion to make a protective examination order, subject to the bankruptcy and the debtor's obligations to the trustee in bankruptcy.

Court Disposition

Application granted. Protective examination order made under CPR 71.2.

Orders

  • Order for Mr Yaxley-Lennon to attend court to provide information about his means and other relevant matters under CPR 71.2, subject to his obligations under the bankruptcy.
  • Order to provide a note of the judgment (and transcript if sought) to Mr Yaxley-Lennon under CPR 39.9(5).