Deansgate 123 LLP v Workman & Anor [2019] EWHC 2 (Ch) (11 January 2019)

Deansgate 123 LLP v Workman & Anor [2019] EWHC 2 (Ch) (11 January 2019)

Neither the Forrester nor Deansgate section 423 claims constitute an abuse of process. Both parties were open about their intentions, the issues are legally distinct, and the court had previously directed that the matters be determined separately. The procedural conduct did not amount to unjust harassment or improper case management. The claims are not liable to be struck out.

Citation
[2019] EWHC 2 (Ch)
Parties
Claimant: Deansgate 123 LLP; Claimant: Carol Ann Forrester (as Executrix of the estate of Susan Margaret Workman); Defendant: Ian Garth Workman; Defendant: Ian Grant Workman
Jurisdiction
England and Wales
Judgment Date
11 January 2019
Procedural Posture
Strike Out Applications for Abuse of Process / Judgment on Applications to Strike Out Section 423 Claims
Outcome
Applications to strike out the Forrester and Deansgate section 423 claims dismissed.
Legal Topics
Abuse of Process, Section 423 Insolvency Act, Transaction at Undervalue, Res Judicata, Case Management
Civil Procedure Insolvency Property Law Abuse of Process Section 423 Insolvency Act Transaction at Undervalue Res Judicata Case Management

Case Brief

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Parties

Deansgate 123 LLP

Claimant

Carol Ann Forrester (as Executrix of the estate of Susan Margaret Workman)

Claimant

Ian Garth Workman

Defendant

Ian Grant Workman

Defendant

Procedural Posture

Strike Out Applications for Abuse of Process / Judgment on Applications to Strike Out Section 423 Claims

Legal Issues

  1. 1 Whether the section 423 applications brought by Deansgate 123 LLP and Carol Ann Forrester constitute an abuse of process
  2. 2 Whether the claims should have been brought together with the earlier proceedings regarding the validity of the Transfer Form

Ratio Decidendi

Neither the Forrester nor Deansgate section 423 claims constitute an abuse of process. Both parties were open about their intentions, the issues are legally distinct, and the court had previously directed that the matters be determined separately. The procedural conduct did not amount to unjust harassment or improper case management. The claims are not liable to be struck out.

Court Disposition

Applications to strike out the Forrester and Deansgate section 423 claims dismissed.

Orders

  • Forrester Claim not struck out as abuse of process.
  • Deansgate Claim not struck out as abuse of process.