Yerbury v Azets Holdings Limited

Yerbury v Azets Holdings Limited

The claim was struck out because it was not brought against the correct defendants (the receivers personally), the assignment did not cover a cause of action against Azets Holdings Limited, and there was no legal basis for vicarious liability or estoppel against Azets. The limitation period issue could not be cured...

Source-derived case information.

Parties
Claimant: Yerbury; Defendant: Azets Holdings Limited
Jurisdiction
England and Wales
Judgment Date
21 June 2024
Procedural Posture
Civil / Judgment on Application to Strike Out And/or Summary Judgment
Outcome
Claim struck out and/or summary judgment granted for the defendant
Legal Topics
LPA Receivers, Limitation Periods, Assignment of Claims, Vicarious Liability, Estoppel
Civil Procedure Property Law LPA Receivers Limitation Periods Assignment of Claims Vicarious Liability Estoppel

Source-derived case record

Summary, issues, holding and outcome

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Parties

Yerbury

Claimant

Azets Holdings Limited

Defendant

Procedural Posture

Civil / Judgment on Application to Strike Out And/or Summary Judgment

Legal Issues

  1. 1 Whether the claim was properly constituted against the correct defendant
  2. 2 Whether the claim was time-barred
  3. 3 Whether the assignment covered a cause of action against Azets Holdings Limited

Ratio Decidendi

The claim was struck out because it was not brought against the correct defendants (the receivers personally), the assignment did not cover a cause of action against Azets Holdings Limited, and there was no legal basis for vicarious liability or estoppel against Azets. The limitation period issue could not be cured by joinder due to the terms of the standstill agreement.

Court Disposition

Claim struck out and/or summary judgment granted for the defendant

Orders

  • Claim struck out
  • Summary judgment granted for the defendant