Baxendale-Walker v APL Management Ltd

Baxendale-Walker v APL Management Ltd

Mr Baxendale-Walker's claims to avoid the Burleigh and Amberleigh Loans are barred by cause of action estoppel, issue estoppel, and/or abuse of process, as the enforceability of the loans was determined in prior County Court proceedings and all relevant arguments could and should have been raised there. The profits claim is also struck out as it has no real prospect of success, since Mr Baxendale-Walker is not a beneficiary of the Trusts and would not be entitled to an account of profits even if he were. All other claims are, in any event, without merit and subject to summary judgment. Procedural defects in the possession proceedings do not bar APL's claim for possession.

Parties
Claimant: Paul Baxendale-Walker; Defendant: APL Management Limited
Jurisdiction
England and Wales
Judgment Date
19 March 2018
Procedural Posture
Civil / Ruling on Applications to Strike Out And/or Summary Judgment
Outcome
All claims by Mr Baxendale-Walker to avoid the loans are struck out or subject to summary judgment; his application for summary judgment is dismissed; APL's application for possession will be determined at a consequentials hearing.
Legal Topics
Res Judicata, Issue Estoppel, Cause of Action Estoppel, Abuse of Process, Trust Beneficiary Standing, Mortgage Possession, Summary Judgment, Strike Out Applications
Civil Procedure Trusts and Equity Property Law Res Judicata Issue Estoppel Cause of Action Estoppel Abuse of Process Trust Beneficiary Standing +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 24 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Paul Baxendale-Walker

Claimant

APL Management Limited

Defendant

Procedural Posture

Civil / Ruling on Applications to Strike Out And/or Summary Judgment

Legal Issues

  1. 1 Whether Mr Baxendale-Walker is barred by res judicata, issue estoppel, or abuse of process from challenging the enforceability of the Burleigh and Amberleigh Loans
  2. 2 Whether the 'Profits claim' by Mr Baxendale-Walker as an alleged beneficiary of the Trusts can proceed
  3. 3 Whether the claims to avoid the loans have any real prospect of success on the merits

Ratio Decidendi

Mr Baxendale-Walker's claims to avoid the Burleigh and Amberleigh Loans are barred by cause of action estoppel, issue estoppel, and/or abuse of process, as the enforceability of the loans was determined in prior County Court proceedings and all relevant arguments could and should have been raised there. The profits claim is also struck out as it has no real prospect of success, since Mr Baxendale-Walker is not a beneficiary of the Trusts and would not be entitled to an account of profits even if he were. All other claims are, in any event, without merit and subject to summary judgment. Procedural defects in the possession proceedings do not bar APL's claim for possession.

Court Disposition

All claims by Mr Baxendale-Walker to avoid the loans are struck out or subject to summary judgment; his application for summary judgment is dismissed; APL's application for possession will be determined at a consequentials hearing.

Orders

  • Mr Baxendale-Walker's claims to avoid the Burleigh and Amberleigh Loans are struck out or summary judgment granted against him.
  • The profits claim is struck out or summary judgment granted against Mr Baxendale-Walker.