DENAXE LIMITED v PAUL COOPER & Anor.

DENAXE LIMITED v PAUL COOPER & Anor.

Receivers enjoy immunity from Denaxe's principal claim for breach of duty due to the Sanction Order approving the sale; Denaxe's claim is an abuse of process as it could and should have been raised at the sanction hearing; secondary claims for trespass and loss of computer are not struck out but must be properly particularised.

Parties
Claimant: Denaxe Limited; Defendant: Paul Cooper; Defendant: David Rubin
Jurisdiction
England and Wales
Judgment Date
06 April 2022
Procedural Posture
Strike Out Application / Judgment on Application to Strike Out Claim and for Summary Judgment
Outcome
Principal claim struck out; secondary claims allowed to proceed subject to filing particulars of loss.
Legal Topics
Receiver's Immunity, Court Sanction of Transactions, Abuse of Process, Res Judicata, Duty of Care, Breach of Duty, Summary Judgment, Strike Out Applications
Insolvency Trusts and Trustees Company Law Receiver's Immunity Court Sanction of Transactions Abuse of Process Res Judicata Duty of Care +3 more

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Parties

Denaxe Limited

Claimant

Paul Cooper

Defendant

David Rubin

Defendant

Procedural Posture

Strike Out Application / Judgment on Application to Strike Out Claim and for Summary Judgment

Legal Issues

  1. 1 Whether receivers enjoy immunity from claims for breach of duty following court-sanctioned sale
  2. 2 Whether Denaxe's claim is barred by res judicata or abuse of process
  3. 3 Whether Denaxe's claim has any real prospect of success on the merits

Ratio Decidendi

Receivers enjoy immunity from Denaxe's principal claim for breach of duty due to the Sanction Order approving the sale; Denaxe's claim is an abuse of process as it could and should have been raised at the sanction hearing; secondary claims for trespass and loss of computer are not struck out but must be properly particularised.

Court Disposition

Principal claim struck out; secondary claims allowed to proceed subject to filing particulars of loss.

Orders

  • Principal claim for breach of duty struck out under CPR rule 3.4(2)(a) and (b)
  • Denaxe to file and serve particulars of losses and amended Particulars of Claim within 28 days