Patley Wood Farm LLP & Ors v Kristina Kicks & Anor

Patley Wood Farm LLP & Ors v Kristina Kicks & Anor

The application is dismissed because there is no material change in circumstances to justify varying the previous order under section 375, and the issues the Trustees wish to raise are for the insolvency proceedings, not the Court of Appeal. There is no breach of duty by not raising these points now.

Parties
Claimant/respondent: Patley Wood Farm LLP; Claimant/respondent: Lorraine Brehme; Claimant/respondent: The Chedington Court Estate Limited; Respondent/applicant: Kristina Kicks; Respondent/applicant: Blair Carnegie Nimmo
Jurisdiction
England and Wales
Judgment Date
16 December 2022
Procedural Posture
Insolvency Application / Application for Directions and Variation of Order
Outcome
Application dismissed
Legal Topics
Trustees in Bankruptcy, Variation of Court Orders, Jurisdiction Under Insolvency Act, Duty of Candour
Insolvency Law Trustees in Bankruptcy Variation of Court Orders Jurisdiction Under Insolvency Act Duty of Candour

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Parties

Patley Wood Farm LLP

Claimant/respondent

Lorraine Brehme

Claimant/respondent

The Chedington Court Estate Limited

Claimant/respondent

Kristina Kicks

Respondent/applicant

Blair Carnegie Nimmo

Respondent/applicant

Procedural Posture

Insolvency Application / Application for Directions and Variation of Order

Legal Issues

  1. 1 Whether the Trustees in Bankruptcy can seek directions or variation of a previous order under sections 303 and 375 of the Insolvency Act 1986
  2. 2 Whether the Trustees in Bankruptcy can submit draft submissions to the Court of Appeal without breaching a previous order
  3. 3 Whether there is a duty of candour requiring the Trustees to raise doubts about the validity of transactions

Ratio Decidendi

The application is dismissed because there is no material change in circumstances to justify varying the previous order under section 375, and the issues the Trustees wish to raise are for the insolvency proceedings, not the Court of Appeal. There is no breach of duty by not raising these points now.

Court Disposition

Application dismissed

Orders

  • Application for directions and variation of order dismissed
  • Costs issue adjourned