Broadside Colours And Chemicals Ltd, Re (No 2)

Broadside Colours And Chemicals Ltd, Re (No 2)

James Button had realistic prospects of defending the claim, particularly regarding the date of his resignation and the nature of the payments, and had no knowledge of the proceedings until September 2011; although service was valid, the court exercised its discretion under Insolvency Rule 7.47(1) to set aside the judgment against him.

Parties
Applicant: Christopher John Brown; Applicant: Andrew Johnson Mayberry; Respondent: Geoffrey Button; Respondent: James David Button; Respondent: Catherine Valerie Button
Jurisdiction
England and Wales
Judgment Date
20 February 2012
Procedural Posture
Insolvency Application / Application to Set Aside Judgment
Outcome
Application granted; judgment against James Button set aside.
Legal Topics
Service of Process, Directors' Duties, Unlawful Loans to Directors, Setting Aside Judgment, Limitation Periods
Insolvency Company Law Civil Procedure Service of Process Directors' Duties Unlawful Loans to Directors Setting Aside Judgment Limitation Periods

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Parties

Christopher John Brown

Applicant

Andrew Johnson Mayberry

Applicant

Geoffrey Button

Respondent

James David Button

Respondent

Catherine Valerie Button

Respondent

Procedural Posture

Insolvency Application / Application to Set Aside Judgment

Legal Issues

  1. 1 Whether service on James Button was valid under CPR 6.9
  2. 2 Whether James Button has a realistic prospect of defending the claim
  3. 3 Whether the application to set aside was made promptly

Ratio Decidendi

James Button had realistic prospects of defending the claim, particularly regarding the date of his resignation and the nature of the payments, and had no knowledge of the proceedings until September 2011; although service was valid, the court exercised its discretion under Insolvency Rule 7.47(1) to set aside the judgment against him.

Court Disposition

Application granted; judgment against James Button set aside.

Orders

  • Judgment against James Button set aside
  • Two charging orders against James Button set aside