Deansgate 123 LLP v Workman & Anor

Deansgate 123 LLP v Workman & Anor

Neither Mrs. Forrester nor Deansgate abused the process of the court by bringing section 423 applications separately from the validity challenge to the Transfer Form, as their intentions were made clear, the court directed separate determination, and no unjust harassment or oppression occurred.

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

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Parties

Deansgate 123 LLP

Claimant

Ian Garth Workman

Defendant

Ian Grant Workman

Defendant

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

Claimant

Procedural Posture

Civil / Ruling on Applications to Strike Out Claims for Abuse of Process

Legal Issues

  1. 1 Whether the Forrester and Deansgate section 423 claims should be struck out as an abuse of process for not being brought together with the validity challenge to the Transfer Form

Ratio Decidendi

Neither Mrs. Forrester nor Deansgate abused the process of the court by bringing section 423 applications separately from the validity challenge to the Transfer Form, as their intentions were made clear, the court directed separate determination, and no unjust harassment or oppression occurred.

Court Disposition

Applications to strike out the Forrester and Deansgate section 423 claims for abuse of process are dismissed.

Orders

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