Hurst v BDO Stoy Hayward Llp

Hurst v BDO Stoy Hayward Llp

Mrs Hurst's claim against BDO disclosed no real prospect of success as no actionable representations or duty of care were established; the application for stay of possession order was an abuse of process, and indemnity costs were properly awarded.

Source-derived case information.

Parties
Appellant: Ann Stephanie Hurst; Respondent: BDO Stoy Hayward LLP; Respondent: Anthony Peter Supperstone
Jurisdiction
England and Wales
Judgment Date
24 November 2006
Procedural Posture
Civil / Application for Permission to Appeal and Appeal From Registrar's Decision
Outcome
permission to appeal refused; appeal against stay refusal dismissed; indemnity costs order upheld
Legal Topics
Strike Out Application, Duty of Care, Misrepresentation, Costs Assessment, Abuse of Process, Stay of Possession Order
Civil Procedure Bankruptcy Negligence Strike Out Application Duty of Care Misrepresentation Costs Assessment Abuse of Process +1 more

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Parties

Ann Stephanie Hurst

Appellant

BDO Stoy Hayward LLP

Respondent

Anthony Peter Supperstone

Respondent

Procedural Posture

Civil / Application for Permission to Appeal and Appeal From Registrar's Decision

Legal Issues

  1. 1 Whether BDO owed a duty of care to Mrs Hurst
  2. 2 Whether representations made by BDO were actionable misrepresentations
  3. 3 Whether Mrs Hurst had a real prospect of success in appeal against strike out

Ratio Decidendi

Mrs Hurst's claim against BDO disclosed no real prospect of success as no actionable representations or duty of care were established; the application for stay of possession order was an abuse of process, and indemnity costs were properly awarded.

Court Disposition

permission to appeal refused; appeal against stay refusal dismissed; indemnity costs order upheld

Orders

  • Permission to appeal from Master Bragge's order refused
  • Appeal from Registrar Jaques' refusal to stay possession order dismissed