Carton-Kelly v Hailey Acquisitions Ltd [2019] EWHC 2697 (Ch) (11 October 2019)

Carton-Kelly v Hailey Acquisitions Ltd [2019] EWHC 2697 (Ch) (11 October 2019)

The court held that, pending resolution of the correct approach at the substantive hearing, the applicant liquidator may file confidential, privileged material (such as counsel's opinion on merits) with the court, not to be disclosed to the respondent at this stage, and to be opened only with the authority of the...

Source-derived case information.

Citation
[2019] EWHC 2697 (Ch)
Parties
Claimant: Geoffrey Lambert Carton-Kelly (As Additional Liquidator Of Comet Group Limited (In Liquidation)); Respondent: Hailey Acquisitions Limited
Jurisdiction
England and Wales
Judgment Date
11 October 2019
Procedural Posture
Insolvency Application / Interlocutory Application Regarding Procedure for Evidence and Confidentiality Under Rule 6.48 of the Insolvency Rules
Outcome
Interim procedural order granted
Legal Topics
Liquidator's Applications, Confidential Evidence, Privilege, Beddoes Analogy, Rule 6.48 Insolvency Rules
Insolvency Civil Procedure Liquidator's Applications Confidential Evidence Privilege Beddoes Analogy Rule 6.48 Insolvency Rules

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Summary, issues, holding and outcome

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Parties

Geoffrey Lambert Carton-Kelly (As Additional Liquidator Of Comet Group Limited (In Liquidation))

Claimant

Hailey Acquisitions Limited

Respondent

Procedural Posture

Insolvency Application / Interlocutory Application Regarding Procedure for Evidence and Confidentiality Under Rule 6.48 of the Insolvency Rules

Legal Issues

  1. 1 Whether confidential and privileged material (such as counsel's opinion on merits) may be filed and withheld from the respondent in a liquidator's application under Rule 6.48 of the Insolvency Rules
  2. 2 Whether the Beddoes procedure analogy applies to such applications
  3. 3 Proper construction of Rule 6.48(6) regarding attendance and disclosure

Ratio Decidendi

The court held that, pending resolution of the correct approach at the substantive hearing, the applicant liquidator may file confidential, privileged material (such as counsel's opinion on merits) with the court, not to be disclosed to the respondent at this stage, and to be opened only with the authority of the judge hearing the substantive Rule 6.48 application. The construction of Rule 6.48(6) is sufficiently broad to permit such a procedure, but the appropriateness of considering merits or funding will be determined at the substantive hearing.

Court Disposition

Interim procedural order granted

Orders

  • Applicant permitted to file confidential, privileged material (including counsel's opinion on merits) with the court, not to be disclosed to the respondent at this stage.
  • Such material to be filed in an envelope marked 'Not to be opened save with the authority of the judge hearing the 6.48 application'.