Marcus Herring v Claire Sandbrook & Ors

Marcus Herring v Claire Sandbrook & Ors

Marcus, as a partner and judgment debtor, can bring claims under paragraph 66 of Schedule 12 for both his own and the partnership's losses arising from breach of section 23 Partnership Act 1890, with Mark as respondent. Procedural defects or failure to comply with CPR 85.4/85.5 do not bar the claim at this stage, and relief from sanctions is granted. The claim for declaration regarding fees and charges may proceed against the enforcement agent. Defences under Schedule 12 require factual determination and cannot be summarily decided.

Parties
Applicant: Marcus Herring; First Respondent: Claire Sandbrook; Second Respondent: Christopher Lucas-Jones; Third Respondent: Christopher Mark Herring
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Application / Ruling on Strike Out Application
Outcome
Strike-out application dismissed; claim may proceed.
Legal Topics
Partnership Property Enforcement, Schedule 12 TCEA 2007, Section 23 Partnership Act 1890, Fees and Costs in Enforcement, Standing and Procedural Requirements
Civil Procedure Partnership Law Enforcement Law Partnership Property Enforcement Schedule 12 TCEA 2007 Section 23 Partnership Act 1890 Fees and Costs in Enforcement Standing and Procedural Requirements

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Parties

Marcus Herring

Applicant

Claire Sandbrook

First Respondent

Christopher Lucas-Jones

Second Respondent

Christopher Mark Herring

Third Respondent

Procedural Posture

Application / Ruling on Strike Out Application

Legal Issues

  1. 1 Whether an individual partner can bring a claim regarding partnership property enforcement
  2. 2 Whether paragraph 66 of Schedule 12 TCEA 2007 applies to breaches involving partnership property
  3. 3 Whether procedural requirements under CPR 85.4/85.5 bar the claim

Ratio Decidendi

Marcus, as a partner and judgment debtor, can bring claims under paragraph 66 of Schedule 12 for both his own and the partnership's losses arising from breach of section 23 Partnership Act 1890, with Mark as respondent. Procedural defects or failure to comply with CPR 85.4/85.5 do not bar the claim at this stage, and relief from sanctions is granted. The claim for declaration regarding fees and charges may proceed against the enforcement agent. Defences under Schedule 12 require factual determination and cannot be summarily decided.

Court Disposition

Strike-out application dismissed; claim may proceed.

Orders

  • Marcus permitted to pursue claims for partnership and personal losses under paragraph 66 Schedule 12.
  • Relief from sanctions and permission to amend granted.