Northern Powerhouse Developments Limited & Ors v Gavin Lee Woodhouse

Northern Powerhouse Developments Limited & Ors v Gavin Lee Woodhouse

The defendant has established on the balance of probabilities that he cannot pay or raise the funds to satisfy the costs order, and that making an unless order would probably stifle his defence. The evidence of his financial position, the lack of significant assets, and the history of funding support do not show that further funds are available. The application for an unless order is therefore dismissed.

Parties
Claimant: Northern Powerhouse Developments Limited; Claimant: Woodhouse Family Limited; Claimant: LBHS Management Limited; Claimant: Fourcroft Hotel (Tenby) Limited; Defendant: Gavin Lee Woodhouse
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Civil / Application for Unless Order to Strike Out Defence for Non Payment of Costs
Outcome
Application dismissed
Legal Topics
Unless Orders, Costs Orders, Freezing Injunctions, Director's Duties, Asset Disclosure, Impecuniosity, Access to Justice
Civil Procedure Company Law Insolvency Unless Orders Costs Orders Freezing Injunctions Director's Duties Asset Disclosure +2 more

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Parties

Northern Powerhouse Developments Limited

Claimant

Woodhouse Family Limited

Claimant

LBHS Management Limited

Claimant

Fourcroft Hotel (Tenby) Limited

Claimant

Gavin Lee Woodhouse

Defendant

Procedural Posture

Civil / Application for Unless Order to Strike Out Defence for Non Payment of Costs

Legal Issues

  1. 1 Whether an unless order should be made striking out the defence for non-payment of costs
  2. 2 Whether the defendant has established that he cannot pay or raise funds to pay the costs order such that an unless order would stifle his defence

Ratio Decidendi

The defendant has established on the balance of probabilities that he cannot pay or raise the funds to satisfy the costs order, and that making an unless order would probably stifle his defence. The evidence of his financial position, the lack of significant assets, and the history of funding support do not show that further funds are available. The application for an unless order is therefore dismissed.

Court Disposition

Application dismissed

Orders

  • The application for an unless order striking out the defence is dismissed.