James Hawksworth & Ors v Paul Stanley & Ors

James Hawksworth & Ors v Paul Stanley & Ors

Strike-out of the Main Application and Permission Application was refused; procedural defects did not cause substantial injustice and could be rectified under CPR 3.10. The failure to serve the Permission Application in time was cured by an implied extension and did not warrant strike-out.

Source-derived case information.

Parties
Applicant: James Hawksworth; Applicant: Matthew Wild; Applicant: Park Regis Birmingham LLP (in liquidation); Respondent: Paul Stanley; Respondent: Gary Norton Lee; Respondent: Staywell Hospitality Management Limited
Jurisdiction
England and Wales
Judgment Date
19 March 2025
Procedural Posture
Insolvency Application and Procedural Strike Out / Ruling on Strike Out Applications
Outcome
Applications to strike out the Main Application and Permission Application refused.
Legal Topics
Appointment of Administrators, Procedural Defects, Strike Out Applications, Breach of Fiduciary Duty, Trespass, Breach of Contract
Insolvency Civil Procedure Contract Appointment of Administrators Procedural Defects Strike Out Applications Breach of Fiduciary Duty Trespass +1 more

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Parties

James Hawksworth

Applicant

Matthew Wild

Applicant

Park Regis Birmingham LLP (in liquidation)

Applicant

Paul Stanley

Respondent

Gary Norton Lee

Respondent

Staywell Hospitality Management Limited

Respondent

Procedural Posture

Insolvency Application and Procedural Strike Out / Ruling on Strike Out Applications

Legal Issues

  1. 1 Whether claims were properly issued as insolvency applications or should have been issued by Part 7 claim form
  2. 2 Whether failure to serve the Permission Application within the required time precludes the Applicants from proceeding

Ratio Decidendi

Strike-out of the Main Application and Permission Application was refused; procedural defects did not cause substantial injustice and could be rectified under CPR 3.10. The failure to serve the Permission Application in time was cured by an implied extension and did not warrant strike-out.

Court Disposition

Applications to strike out the Main Application and Permission Application refused.

Orders

  • Main Application and Permission Application to proceed as if issued by Part 7 claim where appropriate.
  • Further directions to be given at an early stage.