Hyde & Anor (Liquidators of One Blackfriars Ltd) v Nygate & Anor [2021] EWHC 1151 (Ch) (30 April 2021)

Hyde & Anor (Liquidators of One Blackfriars Ltd) v Nygate & Anor [2021] EWHC 1151 (Ch) (30 April 2021)

The application for permission to appeal was refused because none of the grounds advanced demonstrated a real prospect of success; the judge's findings of fact and evaluation of expert evidence were properly reasoned and supported by evidence, and the correct legal standards were applied throughout.

Citation
[2021] EWHC 1151 (Ch)
Parties
Applicant: Adrian Charles Hyde; Applicant: Kevin Anthony Murphy; Respondent: Anthony David Nygate; Respondent: Sarah Megan Rayment
Jurisdiction
England and Wales
Judgment Date
30 April 2021
Procedural Posture
Insolvency Application / Application for Permission to Appeal
Outcome
Permission to appeal refused
Legal Topics
Administrators' Duties, Valuation Evidence, Planning Gain, Conflict of Interest, Standard of Review, Delegation of Duty
Insolvency Company Law Administrators' Duties Valuation Evidence Planning Gain Conflict of Interest Standard of Review Delegation of Duty

Case Brief

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Parties

Adrian Charles Hyde

Applicant

Kevin Anthony Murphy

Applicant

Anthony David Nygate

Respondent

Sarah Megan Rayment

Respondent

Procedural Posture

Insolvency Application / Application for Permission to Appeal

Legal Issues

  1. 1 Whether permission to appeal should be granted against the dismissal of the Applicants' claim
  2. 2 Whether the Former Administrators breached their duties in relation to valuation, planning gain, and strategy
  3. 3 Whether the court applied the correct legal standard for review of administrators' decisions

Ratio Decidendi

The application for permission to appeal was refused because none of the grounds advanced demonstrated a real prospect of success; the judge's findings of fact and evaluation of expert evidence were properly reasoned and supported by evidence, and the correct legal standards were applied throughout.

Court Disposition

Permission to appeal refused

Orders

  • Application for permission to appeal dismissed