Paratus AMC Ltd & Ors v Lewis

Paratus AMC Ltd & Ors v Lewis

Mr Lewis' applications to set aside the Tomlin order and related judgments are within the scope of the extended civil restraint order, and he lacks locus standi to pursue them due to his bankruptcy; any such cause of action vests in the trustee in bankruptcy.

Parties
Claimant: Paratus AMC Limited; Claimant: Swift Advances plc; Claimant: Hall and Abrey; Defendant: Anselm Lewis
Jurisdiction
England and Wales
Judgment Date
05 March 2015
Procedural Posture
Civil / Interlocutory Application for Clarification and Permission Under Extended Civil Restraint Order
Outcome
Applications dismissed; clarification of civil restraint order provided.
Legal Topics
Civil Restraint Orders, Locus Standi of Bankrupts, Setting Aside Judgments, Mortgage Possession Proceedings, Charging Orders
Civil Procedure Bankruptcy Property Law Civil Restraint Orders Locus Standi of Bankrupts Setting Aside Judgments Mortgage Possession Proceedings Charging Orders

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Parties

Paratus AMC Limited

Claimant

Swift Advances plc

Claimant

Hall and Abrey

Claimant

Anselm Lewis

Defendant

Procedural Posture

Civil / Interlocutory Application for Clarification and Permission Under Extended Civil Restraint Order

Legal Issues

  1. 1 Scope and effect of extended civil restraint order against Mr Lewis
  2. 2 Whether Mr Lewis' applications are caught by the civil restraint order
  3. 3 Whether Mr Lewis has locus standi to set aside Tomlin order and judgment post-bankruptcy

Ratio Decidendi

Mr Lewis' applications to set aside the Tomlin order and related judgments are within the scope of the extended civil restraint order, and he lacks locus standi to pursue them due to his bankruptcy; any such cause of action vests in the trustee in bankruptcy.

Court Disposition

Applications dismissed; clarification of civil restraint order provided.

Orders

  • Mr Lewis' application of 1 December 2014 dismissed.
  • Application of 29 October 2014 remains struck out.