Kyrri-Royle & Ors v Oldham & Ors

Kyrri-Royle & Ors v Oldham & Ors

The application was refused because the claims were unsustainable: there was no real prospect of proving the assets were sold at an undervalue, no sufficient evidence of loss, the assignment did not cover conspiracy, and no actionable duty or conspiracy was established against the respondents.

Parties
Appellant: Kyrris-Royle & Ors; Respondent: Oldham & Ors
Jurisdiction
England and Wales
Judgment Date
04 December 2007
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
application refused
Legal Topics
Strike Out Applications, Conspiracy, Breach of Duty, Assignment of Claims, Valuation of Assets
Civil Procedure Company Law Insolvency Strike Out Applications Conspiracy Breach of Duty Assignment of Claims Valuation of Assets

Case Brief

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Parties

Kyrris-Royle & Ors

Appellant

Oldham & Ors

Respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the administrators sold partnership assets at an undervalue and breached their duty
  2. 2 Whether there was a viable claim for conspiracy against the respondents
  3. 3 Whether the assignment of claims included the cause of action in conspiracy

Ratio Decidendi

The application was refused because the claims were unsustainable: there was no real prospect of proving the assets were sold at an undervalue, no sufficient evidence of loss, the assignment did not cover conspiracy, and no actionable duty or conspiracy was established against the respondents.

Court Disposition

application refused

Orders

  • Permission to appeal refused
  • Application dismissed