Phil Ryan v LVR Capital Limited

Phil Ryan v LVR Capital Limited

The Part 7 claims issued by Phil Ryan are incoherent, legally unsound, and constitute an abuse of process. They disclose no reasonable grounds for bringing a claim, are totally without merit, and were brought without the required consent or permission. Phil Ryan has persistently issued meritless claims and applications, justifying the making of an Extended Civil Restraint Order to prevent further abuse of the court's process.

Parties
Claimant: Phil Ryan; Defendant: LVR Capital Limited (In Administration)
Jurisdiction
England and Wales
Judgment Date
22 July 2024
Procedural Posture
Civil Insolvency/companies / Judgment on Applications to Strike Out Claims and for Extended Civil Restraint Order
Outcome
All three Part 7 claims are struck out as totally without merit. An Extended Civil Restraint Order is made against Phil Ryan for three years. Costs awarded to the Company on the indemnity basis.
Legal Topics
Strike Out Applications, Civil Restraint Orders, Abuse of Process, Company Administration
Insolvency Law Civil Procedure Strike Out Applications Civil Restraint Orders Abuse of Process Company Administration

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Parties

Phil Ryan

Claimant

LVR Capital Limited (In Administration)

Defendant

Procedural Posture

Civil Insolvency/companies / Judgment on Applications to Strike Out Claims and for Extended Civil Restraint Order

Legal Issues

  1. 1 Whether the Part 7 claims disclose any reasonable grounds for bringing a claim or are an abuse of process
  2. 2 Whether the claimant's conduct justifies the making of an Extended Civil Restraint Order (ECRO)

Ratio Decidendi

The Part 7 claims issued by Phil Ryan are incoherent, legally unsound, and constitute an abuse of process. They disclose no reasonable grounds for bringing a claim, are totally without merit, and were brought without the required consent or permission. Phil Ryan has persistently issued meritless claims and applications, justifying the making of an Extended Civil Restraint Order to prevent further abuse of the court's process.

Court Disposition

All three Part 7 claims are struck out as totally without merit. An Extended Civil Restraint Order is made against Phil Ryan for three years. Costs awarded to the Company on the indemnity basis.

Orders

  • Claim numbers CR-2024-003737, CR-2024-003733, and CR-2024-003736 are struck out as totally without merit.
  • Phil Ryan is subject to an Extended Civil Restraint Order for three years, restraining him from issuing claims or making applications relating to the administration without permission of the High Court.