Herring v [2023] EWHC 1332 (KB) (02 October 2023)

Herring v [2023] EWHC 1332 (KB) (02 October 2023)

The application by Marcus Herring was struck out because he used the wrong procedure (paragraph 66 of Schedule 12 was not available for his claim regarding partnership property), and because such a claim must be brought by all partners jointly, not by one partner alone. The court found that the statutory scheme under Schedule 12 and the Partnership Act 1890 did not permit the relief sought by Marcus acting alone, and that the enforcement officer and agent had statutory immunities in the circumstances. The application was therefore an abuse of process and could not succeed.

Citation
[2023] EWHC 1332 (KB)
Parties
Applicant: Marcus Herring; First Respondent: Claire Sandbrook; Second Respondent: Christopher Lucas-Jones; Third Respondent: Christopher Mark Herring
Jurisdiction
England and Wales
Judgment Date
02 October 2023
Procedural Posture
High Court Application (king's Bench Division) / Judgment on Application to Strike Out Applicant's Claim
Outcome
Application struck out
Legal Topics
Writ of Control, Enforcement Against Partnership Property, Schedule 12 Tribunals Courts and Enforcement Act 2007, Section 23 Partnership Act 1890, Remedies for Improper Enforcement, Procedural Requirements for Challenging Enforcement
Civil Procedure Enforcement of Judgments Partnership Law Writ of Control Enforcement Against Partnership Property Schedule 12 Tribunals Courts and Enforcement Act 2007 Section 23 Partnership Act 1890 Remedies for Improper Enforcement +1 more

Case Brief

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Parties

Marcus Herring

Applicant

Claire Sandbrook

First Respondent

Christopher Lucas-Jones

Second Respondent

Christopher Mark Herring

Third Respondent

Procedural Posture

High Court Application (king's Bench Division) / Judgment on Application to Strike Out Applicant's Claim

Legal Issues

  1. 1 Whether the applicant (Marcus Herring) used the correct procedure to challenge enforcement against partnership property under a writ of control
  2. 2 Whether a claim regarding partnership property must be brought by all partners jointly
  3. 3 Whether the enforcement agent and officer are entitled to fees and costs from proceeds of sale of partnership property

Ratio Decidendi

The application by Marcus Herring was struck out because he used the wrong procedure (paragraph 66 of Schedule 12 was not available for his claim regarding partnership property), and because such a claim must be brought by all partners jointly, not by one partner alone. The court found that the statutory scheme under Schedule 12 and the Partnership Act 1890 did not permit the relief sought by Marcus acting alone, and that the enforcement officer and agent had statutory immunities in the circumstances. The application was therefore an abuse of process and could not succeed.

Court Disposition

Application struck out

Orders

  • Application by Marcus Herring dated 25 March 2022 is struck out as an abuse of process and for failure to use the correct procedure.
  • No relief is granted against the respondents.