Jamal Hijazi v Stephen Yaxley-Lennon

Jamal Hijazi v Stephen Yaxley-Lennon

There is no jurisdictional bar to making or continuing a CPR 71.2 order against a bankrupt judgment debtor where the information is sought for legitimate purposes, including potential indirect enforcement, challenging the bankruptcy, or assisting the trustee in bankruptcy, and where the trustee does not object. The order must be subject to the bankruptcy process and not require the debtor to act inconsistently with bankruptcy obligations.

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
Civil (defamation/enforcement) / Application for CPR 71.2 Order (judgment Debtor Examination)
Outcome
Application granted
Legal Topics
Enforcement of Judgments, Bankruptcy Effect on Enforcement, Information Gathering Under CPR 71, Jurisdiction and Discretion in Enforcement Proceedings
Civil Procedure Bankruptcy/insolvency Defamation Enforcement of Judgments Bankruptcy Effect on Enforcement Information Gathering Under CPR 71 Jurisdiction and Discretion in Enforcement Proceedings

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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

Civil (defamation/enforcement) / Application for CPR 71.2 Order (judgment Debtor Examination)

Legal Issues

  1. 1 Whether a CPR 71.2 order (judgment debtor examination) can be made or continued against a bankrupt judgment debtor
  2. 2 Whether the bankruptcy imposes a jurisdictional or discretionary bar to the making of a Part 71 order
  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 or continuing a CPR 71.2 order against a bankrupt judgment debtor where the information is sought for legitimate purposes, including potential indirect enforcement, challenging the bankruptcy, or assisting the trustee in bankruptcy, and where the trustee does not object. The order must be subject to the bankruptcy process and not require the debtor to act inconsistently with bankruptcy obligations.

Court Disposition

Application granted

Orders

  • A CPR 71.2 examination order is made (or continued) against Stephen Yaxley-Lennon, subject to the bankruptcy and not requiring actions inconsistent with bankruptcy obligations.
  • A note of the judgment and transcript (if sought) to be provided to Mr Yaxley-Lennon under CPR 39.9(5).