Hockin & Ors v Marsden & Ors

Hockin & Ors v Marsden & Ors

Administrators' refusal to assign viable claims would unfairly harm interests of Diane Hockin as creditor; assignment should be directed on terms proposed, as at least one claim (misrepresentation as to credit break) is not frivolous and assignment may benefit creditors.

Parties
Applicant: Diane Hockin; Applicant: Michael Hockin; Applicant: Lonwest Limited; Respondent: Chris Marsden; Respondent: Alan Bloom
Jurisdiction
England and Wales
Judgment Date
19 March 2014
Procedural Posture
Company Administration Application / Judgment on Application to Direct Assignment of Claims
Outcome
Application granted in part
Legal Topics
Assignment of Claims, Administrator Duties, Misrepresentation, Unfair Harm, Standing of Applicants
Insolvency Company Law Assignment of Claims Administrator Duties Misrepresentation Unfair Harm Standing of Applicants

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 4 Authorities cited 13 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

Diane Hockin

Applicant

Michael Hockin

Applicant

Lonwest Limited

Applicant

Chris Marsden

Respondent

Alan Bloom

Respondent

Procedural Posture

Company Administration Application / Judgment on Application to Direct Assignment of Claims

Legal Issues

  1. 1 Whether administrators' refusal to assign claims constitutes unfair harm under Insolvency Act Schedule B1 paragraph 74
  2. 2 Whether proposed claims are frivolous or vexatious
  3. 3 Standing of applicants to bring application

Ratio Decidendi

Administrators' refusal to assign viable claims would unfairly harm interests of Diane Hockin as creditor; assignment should be directed on terms proposed, as at least one claim (misrepresentation as to credit break) is not frivolous and assignment may benefit creditors.

Court Disposition

Application granted in part

Orders

  • Administrators directed to assign claims arising out of alleged mis-selling to Applicants on proposed terms.
  • Assignment to include indemnity for Company and administrators against third party costs orders.