Ryan v LVR Capital Ltd [2024] EWHC 1866 (Ch) (19 July 2024)

Ryan v LVR Capital Ltd [2024] EWHC 1866 (Ch) (19 July 2024)

All three Part 7 claims are struck out as totally without merit for being incoherent, legally baseless, brought without required consent or permission, and constituting an abuse of process. Phil Ryan's conduct is persistent and vexatious, justifying an Extended Civil Restraint Order for three years.

Citation
[2024] EWHC 1866 (Ch)
Parties
Respondent/claimant: Phil Ryan; Applicant/defendant: LVR Capital Limited (In Administration)
Jurisdiction
England and Wales
Judgment Date
19 July 2024
Procedural Posture
Insolvency/companies / Applications to Strike Out Claims and for Extended Civil Restraint Order
Outcome
All Part 7 claims struck out as totally without merit; Extended Civil Restraint Order granted for three years; costs awarded to the Company on indemnity basis.
Legal Topics
Civil Restraint Orders, Abuse of Process, Strike Out Applications, Administration, Possession Proceedings
Insolvency Civil Procedure Company Law Civil Restraint Orders Abuse of Process Strike Out Applications Administration Possession Proceedings

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Parties

Phil Ryan

Respondent/claimant

LVR Capital Limited (In Administration)

Applicant/defendant

Procedural Posture

Insolvency/companies / Applications to Strike Out Claims and for Extended Civil Restraint Order

Legal Issues

  1. 1 Whether the Part 7 claims disclose reasonable grounds for bringing a claim
  2. 2 Whether the claims are an abuse of process
  3. 3 Whether an Extended Civil Restraint Order should be made against Phil Ryan

Ratio Decidendi

All three Part 7 claims are struck out as totally without merit for being incoherent, legally baseless, brought without required consent or permission, and constituting an abuse of process. Phil Ryan's conduct is persistent and vexatious, justifying an Extended Civil Restraint Order for three years.

Court Disposition

All Part 7 claims struck out as totally without merit; Extended Civil Restraint Order granted for three years; costs awarded to the Company on indemnity basis.

Orders

  • Strike out of Claim A, B, and C as totally without merit
  • Extended Civil Restraint Order against Phil Ryan for three years