Carton-Kelly v Hailey Acquisitions Ltd

Carton-Kelly v Hailey Acquisitions Ltd

The court permitted the applicant to file confidential/privileged evidence (such as counsel's opinion on merits) with the court, not to be disclosed to the respondent at this stage, to be opened only with the authority of the judge hearing the substantive application under Rule 6.48. The ultimate approach to disclosure and consideration of such material will depend on the judge's determination of the proper approach to the application, which was not resolved at this stage.

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 Filing and Disclosure of Privileged/confidential Evidence in Support of Application Under Rule 6.48 of the Insolvency Rules
Outcome
Application granted in part; applicant permitted to file confidential evidence with the court, not to be disclosed to respondent at this stage; further directions left to the judge hearing the substantive application.
Legal Topics
Liquidator's Applications, Privilege and Confidentiality, Disclosure of Evidence, Beddoes Applications Analogy, Rule 6.48 Insolvency Rules
Insolvency Law Civil Procedure Liquidator's Applications Privilege and Confidentiality Disclosure of Evidence Beddoes Applications Analogy Rule 6.48 Insolvency Rules

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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 Filing and Disclosure of Privileged/confidential Evidence in Support of Application Under Rule 6.48 of the Insolvency Rules

Legal Issues

  1. 1 Whether the applicant liquidator may file confidential/privileged evidence (such as counsel's opinion on merits) in support of an application under Rule 6.48 Insolvency Rules without disclosure to the respondent
  2. 2 Whether the analogy with Beddoes applications applies to such applications
  3. 3 Whether the respondent is entitled to attend the hearing of such evidence or be excluded for part of the hearing

Ratio Decidendi

The court permitted the applicant to file confidential/privileged evidence (such as counsel's opinion on merits) with the court, not to be disclosed to the respondent at this stage, to be opened only with the authority of the judge hearing the substantive application under Rule 6.48. The ultimate approach to disclosure and consideration of such material will depend on the judge's determination of the proper approach to the application, which was not resolved at this stage.

Court Disposition

Application granted in part; applicant permitted to file confidential evidence with the court, not to be disclosed to respondent at this stage; further directions left to the judge hearing the substantive application.

Orders

  • Applicant may file evidence with confidential exhibits (including privileged material) with the court, not to be shown to the respondent at this stage.
  • Such evidence to be filed in an envelope marked 'Not to be opened save with the authority of the judge hearing the 6.48 application'.