Lemos v Church Bay Trust Company Ltd & Ors

Lemos v Church Bay Trust Company Ltd & Ors

It is desirable to join the JTBs as co-claimants under CPR 19.2(2)(a) because they have a direct economic interest, are duty-bound to act for all creditors, can actively assist the court, and their joinder furthers the overriding objective by ensuring efficient and fair prosecution of the s.423 claim.

Parties
Claimant: Joanna Lemos; First Defendant: Church Bay Trust Company Limited; Second Defendant: Roderick Forrest; Third Defendant: Kalliopi Lemos; Applicant/jtb: Michael Leeds; Applicant/jtb: Kevin Hellard
Jurisdiction
England and Wales
Judgment Date
10 May 2021
Procedural Posture
Civil / Joinder Application Ruling
Outcome
Application for joinder granted.
Legal Topics
Joinder of Parties, Trustees in Bankruptcy, Section 423 Insolvency Act 1986, Freezing Orders, Asset Restraint Orders
Insolvency Civil Procedure Joinder of Parties Trustees in Bankruptcy Section 423 Insolvency Act 1986 Freezing Orders Asset Restraint Orders

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Parties

Joanna Lemos

Claimant

Church Bay Trust Company Limited

First Defendant

Roderick Forrest

Second Defendant

Kalliopi Lemos

Third Defendant

Michael Leeds

Applicant/jtb

Kevin Hellard

Applicant/jtb

Procedural Posture

Civil / Joinder Application Ruling

Legal Issues

  1. 1 Whether joint trustees in bankruptcy (JTBs) should be joined as co-claimants in s.423 Insolvency Act 1986 proceedings
  2. 2 Whether JTBs meet the threshold for joinder under CPR 19.2(2)(a)
  3. 3 Whether joinder is desirable under the overriding objective

Ratio Decidendi

It is desirable to join the JTBs as co-claimants under CPR 19.2(2)(a) because they have a direct economic interest, are duty-bound to act for all creditors, can actively assist the court, and their joinder furthers the overriding objective by ensuring efficient and fair prosecution of the s.423 claim.

Court Disposition

Application for joinder granted.

Orders

  • JTBs (Michael Leeds and Kevin Hellard) joined as co-claimants.
  • JTBs to have sole conduct of the s.423 claim.