L & N D Development and Design Ltd

L & N D Development and Design Ltd

The applicant failed to show that the alleged claims against Amicus had a real prospect of success; the claims for damages for delayed advances and for economic duress/intimidation were either not substantiated or already adjudicated upon. Therefore, the administrators' refusal to assign the claims did not cause unfair harm, and the application was dismissed.

Parties
Applicant: Lynda Louise Dixon; Respondent: Nicholas Myers; Respondent: Adam Henry Stephens
Jurisdiction
England and Wales
Judgment Date
22 October 2020
Procedural Posture
Insolvency Application / Judgment on Application Under Paragraph 74(1)(a) of Schedule B1 to the Insolvency Act 1986
Outcome
Application dismissed
Legal Topics
Assignment of Causes of Action, Unfair Harm Under Administration, Economic Duress, Intimidation, Summary Judgment Standards
Insolvency Company Law Civil Procedure Assignment of Causes of Action Unfair Harm Under Administration Economic Duress Intimidation Summary Judgment Standards

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Parties

Lynda Louise Dixon

Applicant

Nicholas Myers

Respondent

Adam Henry Stephens

Respondent

Procedural Posture

Insolvency Application / Judgment on Application Under Paragraph 74(1)(a) of Schedule B1 to the Insolvency Act 1986

Legal Issues

  1. 1 Whether the administrators' refusal to assign a cause of action to the applicant caused unfair harm under paragraph 74 of Schedule B1 to the Insolvency Act 1986
  2. 2 Whether the alleged claims against Amicus have a real prospect of success or are frivolous or vexatious
  3. 3 Whether the administrators were justified in refusing to assign the claims on the terms offered

Ratio Decidendi

The applicant failed to show that the alleged claims against Amicus had a real prospect of success; the claims for damages for delayed advances and for economic duress/intimidation were either not substantiated or already adjudicated upon. Therefore, the administrators' refusal to assign the claims did not cause unfair harm, and the application was dismissed.

Court Disposition

Application dismissed

Orders

  • The application under paragraph 74(1)(a) of Schedule B1 to the Insolvency Act 1986 is dismissed.