Baxendale-Walker v Irwin Mitchell LLP & Ors (Rev 1) [2018] EWHC 3572 (Ch) (20 December 2018)

Baxendale-Walker v Irwin Mitchell LLP & Ors (Rev 1) [2018] EWHC 3572 (Ch) (20 December 2018)

The trustees' requests for documents from solicitors were not perverse under section 303; trustees acted within statutory powers under sections 311 and 366; requests for documents, including privileged and personal papers relating to bankrupt's estate or affairs, were lawful; applicant failed to meet high threshold for court intervention.

Citation
[2018] EWHC 3572 (Ch)
Parties
Applicant (bankrupt): Paul Baxendale-Walker; First Respondent: Irwin Mitchell LLP; Second Respondent: Johnsons Solicitors Limited; Third Respondent: Griffin Law Limited; Fourth Respondent: Mischon de Reya LLP; Fifth Respondents (trustees in Bankruptcy): Michael Leeds and Kevin Hellard; Sixth Respondent: Hawk Consultancy LLC; Creditor: HMRC
Jurisdiction
England and Wales
Judgment Date
20 December 2018
Procedural Posture
Bankruptcy Application Under Insolvency Act 1986 / Judgment on Section 303 Application
Outcome
Application dismissed
Legal Topics
Trustee Powers, Solicitor Client Privilege, Document Disclosure, Personal Papers, Section 303 Challenge
Insolvency Bankruptcy Trustee Powers Solicitor Client Privilege Document Disclosure Personal Papers Section 303 Challenge

Case Brief

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Parties

Paul Baxendale-Walker

Applicant (bankrupt)

Irwin Mitchell LLP

First Respondent

Johnsons Solicitors Limited

Second Respondent

Griffin Law Limited

Third Respondent

Mischon de Reya LLP

Fourth Respondent

Michael Leeds and Kevin Hellard

Fifth Respondents (trustees in Bankruptcy)

Hawk Consultancy LLC

Sixth Respondent

HMRC

Creditor

Procedural Posture

Bankruptcy Application Under Insolvency Act 1986 / Judgment on Section 303 Application

Legal Issues

  1. 1 Whether trustees' requests for documents from solicitors were perverse under section 303 Insolvency Act 1986
  2. 2 Whether trustees are entitled to privileged documents and personal papers under sections 311 and 366
  3. 3 Scope of trustee's entitlement to documents belonging to or under control of bankrupt

Ratio Decidendi

The trustees' requests for documents from solicitors were not perverse under section 303; trustees acted within statutory powers under sections 311 and 366; requests for documents, including privileged and personal papers relating to bankrupt's estate or affairs, were lawful; applicant failed to meet high threshold for court intervention.

Court Disposition

Application dismissed