Reynard v Fox

Reynard v Fox

The claim is struck out in its entirety because it discloses no reasonable grounds for bringing the claim, is an abuse of process, and is barred by issue estoppel as the issues have already been determined in previous proceedings. Claims for loss to the estate must be brought under section 304 of the Insolvency Act 1986, not at common law, and the claimant's personal claims are unsustainable as a matter of law.

Parties
Claimant: Christopher Paul Reynard; Defendant: Nigel Fox
Jurisdiction
England and Wales
Judgment Date
08 March 2018
Procedural Posture
Civil Bankruptcy/trustee Negligence / Application to Strike Out Claim and Application to Set Aside Transfer Order
Outcome
Claim struck out
Legal Topics
Trustee in Bankruptcy Duties, Negligence, Breach of Contract, Abuse of Process, Res Judicata, Civil Restraint Orders
Insolvency Civil Procedure Trustee in Bankruptcy Duties Negligence Breach of Contract Abuse of Process Res Judicata Civil Restraint Orders

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Parties

Christopher Paul Reynard

Claimant

Nigel Fox

Defendant

Procedural Posture

Civil Bankruptcy/trustee Negligence / Application to Strike Out Claim and Application to Set Aside Transfer Order

Legal Issues

  1. 1 Whether the claim should be struck out as disclosing no reasonable grounds or as an abuse of process
  2. 2 Whether the claim was issued in breach of a court order
  3. 3 Whether a trustee in bankruptcy owes a common law duty of care to the bankrupt personally

Ratio Decidendi

The claim is struck out in its entirety because it discloses no reasonable grounds for bringing the claim, is an abuse of process, and is barred by issue estoppel as the issues have already been determined in previous proceedings. Claims for loss to the estate must be brought under section 304 of the Insolvency Act 1986, not at common law, and the claimant's personal claims are unsustainable as a matter of law.

Court Disposition

Claim struck out

Orders

  • The claim is struck out in its entirety under CPR r 3.4(2)(a) and (b)
  • The application to transfer the claim back to the CCMCC does not arise and is not dealt with