Ashworth v Newnote Ltd.

Permission for a second appeal is granted because the judge's summary determination of breach of fiduciary duty and the calculation of the admitted debt and cross-claims were not sufficiently justified, and there is a compelling reason to allow the appeal to proceed to ensure justice is done.

Parties: Appellant: Bryce Ashworth; Respondent: Newnote Limited
Jurisdiction: England and Wales
Judgment Date: 07 March 2007
Procedural Posture: Civil Appeal / Permission to Appeal (second Appeal)
Outcome: permission to appeal granted; stay of bankruptcy proceedings and costs order
Legal Topics: Statutory Demand, Bankruptcy, Cross Claim, Summary Dismissal, Fiduciary Duties

Insolvency Employment Statutory Demand Bankruptcy Cross Claim Summary Dismissal Fiduciary Duties

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 3 Authorities cited 4 Party arguments 2 Amounts and remedies 4

Parties

Bryce Ashworth

Appellant

Newnote Limited

Respondent

Procedural Posture

Civil Appeal / Permission to Appeal (second Appeal)

Legal Issues

1 Whether the judge erred in refusing to set aside the statutory demand in light of the applicant's cross-claims
2 Whether the judge was correct to summarily determine breach of fiduciary duty justifying summary dismissal
3 Whether there was a compelling reason to grant permission for a second appeal

Ratio Decidendi

Court Disposition

permission to appeal granted; stay of bankruptcy proceedings and costs order

Orders

Permission for a second appeal granted.
Stay of payment of £11,462 on account of costs until after the hearing of the appeal.