Malcolm Cohen & Ors v William Stephen O'Leary (a bankrupt) & Ors

Malcolm Cohen & Ors v William Stephen O'Leary (a bankrupt) & Ors

The judgment debt survives Mr O’Leary’s discharge from bankruptcy because it was incurred in respect of his fraudulent breach of trust, as found in the Jersey Judgment. Permission under s.285(3) Insolvency Act 1986 is granted as the relief sought does not affect bankruptcy assets or prejudice the bankruptcy process....

Source-derived case information.

Parties
Applicant: Malcolm Cohen; Applicant: Shane Crooks; Applicant: Creditforce Limited; Respondent: William Stephen O’Leary; Respondent: Matthew Chadwick; Respondent: Susan Berry
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Bankruptcy/insolvency Application / Interlocutory Application and Directions
Outcome
Application granted in part, adjourned in part
Legal Topics
Bankruptcy Discharge, Fraudulent Breach of Trust, Enforcement of Foreign Judgments, Pension Enforcement, Injunctions
Insolvency Trusts and Equity Civil Procedure Bankruptcy Discharge Fraudulent Breach of Trust Enforcement of Foreign Judgments Pension Enforcement Injunctions

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Parties

Malcolm Cohen

Applicant

Shane Crooks

Applicant

Creditforce Limited

Applicant

William Stephen O’Leary

Respondent

Matthew Chadwick

Respondent

Susan Berry

Respondent

Procedural Posture

Bankruptcy/insolvency Application / Interlocutory Application and Directions

Legal Issues

  1. 1 Whether the judgment debt survives discharge from bankruptcy under s.281(3) Insolvency Act 1986 as a debt incurred in respect of fraud or fraudulent breach of trust
  2. 2 Whether the court should grant Bacci v Green-type injunctive relief to enforce the judgment against the respondent’s private pension
  3. 3 Whether permission under s.285(3) Insolvency Act 1986 should be granted to commence enforcement proceedings

Ratio Decidendi

The judgment debt survives Mr O’Leary’s discharge from bankruptcy because it was incurred in respect of his fraudulent breach of trust, as found in the Jersey Judgment. Permission under s.285(3) Insolvency Act 1986 is granted as the relief sought does not affect bankruptcy assets or prejudice the bankruptcy process. Immediate Bacci v Green-type relief is not granted due to insufficient evidence about the pension; instead, directions are given for further evidence, and an undertaking is accepted from Mr O’Leary not to deal with his pension pending the adjourned hearing. Alternative service by email is permitted due to prior service difficulties and the respondent’s acceptance.

Court Disposition

Application granted in part, adjourned in part

Orders

  • Permission under s.285(3) Insolvency Act 1986 granted to commence enforcement application
  • Mr O’Leary to provide a witness statement with specified pension information