IN THE MATTER OF EMERALD MEATS (LONDON) LIMITED

IN THE MATTER OF EMERALD MEATS (LONDON) LIMITED

Previous orders and judgments, including the debarring order and the applicant's disavowal, bar the assignment of the business transfer and quota claims. The applicant has not demonstrated exceptional circumstances or new evidence to justify review of those orders. The stock/cash claim, not previously disallowed or disavowed, is allowed to be assigned as it is not frivolous or vexatious, but must be tightly confined to the relevant period.

Parties
Applicant: John McCarthy; Respondent: Louise Mary Brittain; Respondent: Stephen Paul Grant; Respondent: Ivor Desmond Marshall
Jurisdiction
England and Wales
Judgment Date
20 May 2022
Procedural Posture
Insolvency Application / Ruling on Application for Assignment of Causes of Action
Outcome
Application partly allowed, partly dismissed
Legal Topics
Assignment of Causes of Action, Liquidation, Misfeasance, Debarring Orders, Review of Court Orders
Insolvency Company Law Assignment of Causes of Action Liquidation Misfeasance Debarring Orders Review of Court Orders

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Parties

John McCarthy

Applicant

Louise Mary Brittain

Respondent

Stephen Paul Grant

Respondent

Ivor Desmond Marshall

Respondent

Procedural Posture

Insolvency Application / Ruling on Application for Assignment of Causes of Action

Legal Issues

  1. 1 Whether previous orders and judgments bar the assignment of certain claims to the applicant
  2. 2 Whether the court should review, rescind, or vary prior orders under Insolvency Rule 12.59(1)
  3. 3 Whether the claims sought to be assigned are frivolous, vexatious, or viable

Ratio Decidendi

Previous orders and judgments, including the debarring order and the applicant's disavowal, bar the assignment of the business transfer and quota claims. The applicant has not demonstrated exceptional circumstances or new evidence to justify review of those orders. The stock/cash claim, not previously disallowed or disavowed, is allowed to be assigned as it is not frivolous or vexatious, but must be tightly confined to the relevant period.

Court Disposition

Application partly allowed, partly dismissed

Orders

  • Assignment of stock/cash claim permitted, confined to period 2008-2010
  • No assignment of business transfer and quota claims