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 debt is provable in bankruptcy; Part 71 is an information-gathering process, not enforcement, and may serve legitimate purposes such as assisting the trustee in bankruptcy or supporting applications to set aside bankruptcy or challenge transactions. The court exercises discretion to make the order, subject to the bankruptcy and without requiring the debtor to do anything inconsistent with bankruptcy obligations.

Citation
[2022] EWHC 635 (QB)
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, subject to bankruptcy.
Legal Topics
Enforcement of Judgments, Bankruptcy and Insolvency Effects on Enforcement, Information Orders Under CPR 71, Jurisdiction and Discretion in Enforcement Post Bankruptcy
Civil Procedure Insolvency Defamation Enforcement of Judgments Bankruptcy and Insolvency Effects on Enforcement Information Orders Under CPR 71 Jurisdiction and Discretion in Enforcement Post Bankruptcy

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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 against a bankrupt judgment debtor
  2. 2 Whether the court should exercise discretion to make a Part 71 order where the debt is provable in bankruptcy and enforcement is restricted by s.285 Insolvency Act 1986
  3. 3 Whether the information sought under Part 71 is for a legitimate purpose given the bankruptcy

Ratio Decidendi

There is no jurisdictional bar to making a CPR 71.2 order against a bankrupt judgment debtor where the debt is provable in bankruptcy; Part 71 is an information-gathering process, not enforcement, and may serve legitimate purposes such as assisting the trustee in bankruptcy or supporting applications to set aside bankruptcy or challenge transactions. The court exercises discretion to make the order, subject to the bankruptcy and without requiring the debtor to do anything inconsistent with bankruptcy obligations.

Court Disposition

Application granted; protective examination order made under CPR 71.2, subject to bankruptcy.

Orders

  • Mr Yaxley-Lennon is ordered to attend court to provide information about his means and any other matter needed to enforce the judgment or order, subject to his obligations under the bankruptcy.
  • Any obligation to produce documents under the Part 71 process is subject to prior obligations to the trustee in bankruptcy.