Cook v Mortgage Debenture Ltd

An application by a non-party to be joined as a defendant to proceedings commenced by a company before a moratorium, and an appeal from refusal of such application, does not constitute a 'legal process against the company' under paragraph 43(6) of Schedule B1 to the Insolvency Act 1986, as it is not seeking relief against the company and is not a proceeding against the company within the meaning of the provision.

Parties: Respondent: Thomas Evan Cook; Appellant: Mortgage Debenture Limited
Jurisdiction: England and Wales
Judgment Date: 25 February 2016
Procedural Posture: Civil Appeal / Court of Appeal Judgment on Appeal From High Court
Outcome: Appeal dismissed
Legal Topics: Moratorium in Administration, Legal Process Against Company, Defensive Proceedings, Joinder of Parties

Insolvency Law Civil Procedure Moratorium in Administration Legal Process Against Company Defensive Proceedings Joinder of Parties

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Parties

Thomas Evan Cook

Respondent

Mortgage Debenture Limited

Appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From High Court

Legal Issues

1 Whether an application by a non-party to be joined as a defendant to proceedings commenced by a company before a moratorium, and an appeal from refusal of such application, constitutes a 'legal process against the company' under paragraph 43(6) of Schedule B1 to the Insolvency Act 1986

Ratio Decidendi

Court Disposition

Appeal dismissed