Barclays Bank Plc v Marsden

Barclays Bank Plc v Marsden

The redress award arising from the FCA review is a contingent claim exclusively referable to pre-bankruptcy mutual dealings and is subject to mandatory insolvency set-off under section 323 of the Insolvency Act 1986. The defendant's claim constitutes an abuse of process as it could and should have been raised in earlier proceedings, and amendment of the counterclaim is refused.

Parties
Claimant: Barclays Bank PLC; Defendant: Jonathan Edward Marsden
Jurisdiction
England and Wales
Judgment Date
28 May 2019
Procedural Posture
Civil / Judgment on Application to Strike Out Defence and Counterclaim
Outcome
counterclaim struck out; application to amend refused
Legal Topics
Bankruptcy Set Off, Abuse of Process, Redress Schemes, Mis Selling, Finality of Litigation
Banking Insolvency Civil Procedure Bankruptcy Set Off Abuse of Process Redress Schemes Mis Selling Finality of Litigation

Case Brief

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Parties

Barclays Bank PLC

Claimant

Jonathan Edward Marsden

Defendant

Procedural Posture

Civil / Judgment on Application to Strike Out Defence and Counterclaim

Legal Issues

  1. 1 Whether the defendant's counterclaim regarding insolvency set-off is justiciable by the court or solely for the FCA
  2. 2 Whether the redress award is subject to mandatory insolvency set-off under section 323 of the Insolvency Act 1986
  3. 3 Whether the defendant's claim constitutes an abuse of process under the Henderson v Henderson rule

Ratio Decidendi

The redress award arising from the FCA review is a contingent claim exclusively referable to pre-bankruptcy mutual dealings and is subject to mandatory insolvency set-off under section 323 of the Insolvency Act 1986. The defendant's claim constitutes an abuse of process as it could and should have been raised in earlier proceedings, and amendment of the counterclaim is refused.

Court Disposition

counterclaim struck out; application to amend refused

Orders

  • Counterclaim struck out as unsustainable and abusive of process.
  • Application to amend counterclaim refused.