Garden House Software Limited v Timothy Marsh & Ors

Garden House Software Limited v Timothy Marsh & Ors

The application for reverse summary judgment or strike out fails because the claims under s.238 and s.423 Insolvency Act 1986 are arguable and raise issues suitable for trial, and the application constitutes an abuse of process as the points could have been raised in earlier interlocutory proceedings.

Parties
Claimant: Garden House Software Limited; First Defendant: Timothy Marsh; Second Defendant: Timothy Nicholas Rowland; Third Defendant: Andrew Porter; Fourth Defendant: Mark Harrison; Fifth Defendant: Lucy Sun; Sixth Defendant: Pamela Ball; Seventh Defendant: Serisys Asset Holding Limited
Jurisdiction
England and Wales
Judgment Date
18 February 2026
Procedural Posture
Civil (company/commercial) / Interlocutory Application for Reverse Summary Judgment or Strike Out
Outcome
Application dismissed
Legal Topics
Transaction at an Undervalue, Transaction Defrauding Creditors, Directors' Duties, Summary Judgment, Strike Out, Abuse of Process
Insolvency Company Law Civil Procedure Transaction at an Undervalue Transaction Defrauding Creditors Directors' Duties Summary Judgment Strike Out +1 more

Case Brief

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Parties

Garden House Software Limited

Claimant

Timothy Marsh

First Defendant

Timothy Nicholas Rowland

Second Defendant

Andrew Porter

Third Defendant

Mark Harrison

Fourth Defendant

Lucy Sun

Fifth Defendant

Pamela Ball

Sixth Defendant

Serisys Asset Holding Limited

Seventh Defendant

Procedural Posture

Civil (company/commercial) / Interlocutory Application for Reverse Summary Judgment or Strike Out

Legal Issues

  1. 1 Whether the claim discloses a real prospect of success under s.238 and s.423 Insolvency Act 1986
  2. 2 Whether the 2019 Charge was a transaction at an undervalue or defrauding creditors
  3. 3 Whether the application is an abuse of process

Ratio Decidendi

The application for reverse summary judgment or strike out fails because the claims under s.238 and s.423 Insolvency Act 1986 are arguable and raise issues suitable for trial, and the application constitutes an abuse of process as the points could have been raised in earlier interlocutory proceedings.

Court Disposition

Application dismissed

Orders

  • THD to pay the claimant's costs of and incidental to the application, to be summarily assessed on the standard basis.