Ashworth v Newnote Ltd. [2007] EWCA Civ 253 (07 March 2007)

Ashworth v Newnote Ltd. [2007] EWCA Civ 253 (07 March 2007)

Permission for a second appeal was granted because the judge's summary determination of breach of fiduciary duty and exclusion of cross-claims raised a compelling reason for appellate review, and the applicant had a real prospect of success on appeal.

Citation
[2007] EWCA Civ 253
Parties
Appellant: Bryce Ashworth; Respondent: Newnote Ltd
Jurisdiction
England and Wales
Judgment Date
07 March 2007
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal (second Appeal)
Outcome
Permission to appeal granted; stay of bankruptcy proceedings and costs ordered.
Legal Topics
Statutory Demand, Bankruptcy, Cross Claim, Summary Dismissal, Fiduciary Duties, Costs, Permission to Appeal
Insolvency Employment Civil Procedure Statutory Demand Bankruptcy Cross Claim Summary Dismissal Fiduciary Duties +2 more

Case Brief

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Parties

Bryce Ashworth

Appellant

Newnote Ltd

Respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal (second Appeal)

Legal Issues

  1. 1 Whether the judge erred in refusing to set aside the statutory demand in full based on the existence of a genuine cross-claim or set-off
  2. 2 Whether the judge was correct to summarily determine issues of breach of fiduciary duty and summary dismissal
  3. 3 Whether the procedural posture justified a second appeal

Ratio Decidendi

Permission for a second appeal was granted because the judge's summary determination of breach of fiduciary duty and exclusion of cross-claims raised a compelling reason for appellate review, and the applicant had a real prospect of success on appeal.

Court Disposition

Permission to appeal granted; stay of bankruptcy proceedings and costs ordered.

Orders

  • Permission to appeal to the Court of Appeal granted.
  • Stay of payment of £11,462 on account of costs pending appeal.