Baxendale-Walker v Irwin Mitchell LLP & Ors

Baxendale-Walker v Irwin Mitchell LLP & Ors

The court does not have jurisdiction to make a general civil restraint order as an Insolvency and Companies Court Judge. For a limited civil restraint order, the applications relied upon must have been made in the same proceedings before the court. As only one such application was identified in the bankruptcy proceedings, the threshold for making a limited civil restraint order was not met.

Parties
Applicant: Paul Baxendale-Walker; Respondent: Irwin Mitchell LLP; Respondent: Johnsons Solicitors Limited; Respondent: Griffin Law Limited; Respondent: Mishcon de Reya LLP; Respondent: Michael Leeds and Kevin Hellard (as Trustees in Bankruptcy of Paul Baxendale-Walker); Respondent: Hawk Consultancy LLC
Jurisdiction
England and Wales
Judgment Date
20 December 2018
Procedural Posture
Insolvency Application / Ruling on Application for Limited Civil Restraint Order
Outcome
Application for limited civil restraint order dismissed
Legal Topics
Civil Restraint Orders, Jurisdiction of Court, Bankruptcy Proceedings
Insolvency Civil Procedure Civil Restraint Orders Jurisdiction of Court Bankruptcy Proceedings

Case Brief

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Parties

Paul Baxendale-Walker

Applicant

Irwin Mitchell LLP

Respondent

Johnsons Solicitors Limited

Respondent

Griffin Law Limited

Respondent

Mishcon de Reya LLP

Respondent

Michael Leeds and Kevin Hellard (as Trustees in Bankruptcy of Paul Baxendale-Walker)

Respondent

Hawk Consultancy LLC

Respondent

Procedural Posture

Insolvency Application / Ruling on Application for Limited Civil Restraint Order

Legal Issues

  1. 1 Whether the court has jurisdiction to make a general civil restraint order
  2. 2 Whether a limited civil restraint order can be made based on applications outside the current proceedings
  3. 3 Interpretation of PD3C and CPR 3.11 regarding civil restraint orders

Ratio Decidendi

The court does not have jurisdiction to make a general civil restraint order as an Insolvency and Companies Court Judge. For a limited civil restraint order, the applications relied upon must have been made in the same proceedings before the court. As only one such application was identified in the bankruptcy proceedings, the threshold for making a limited civil restraint order was not met.

Court Disposition

Application for limited civil restraint order dismissed

Orders

  • No limited civil restraint order made
  • Costs to be agreed between the parties, with liberty to apply if not agreed