Lambert v Forest of Dean District Council & Ors

Lambert v Forest of Dean District Council & Ors

The application to annul the bankruptcy order is dismissed as an abuse of process due to Mr Lambert's repeated disregard for court orders, failure to comply with costs orders, and attempt to circumvent the relief from sanction regime. Even if procedural defects in service existed, the underlying debts remain due and owing, and annulment would serve no purpose as bankruptcy would be inevitable. The court's discretion is exercised against annulment given the applicant's non-cooperation and unresolved asset issues.

Parties
Applicant: Philip John Lambert; First Respondent: Forest of Dean District Council; Second Respondent: Andrew James Nichols; Third Respondent: John William Butler
Jurisdiction
England and Wales
Judgment Date
08 July 2019
Procedural Posture
Bankruptcy Annulment Application / Judgment on Application to Annul Bankruptcy Order
Outcome
Application dismissed
Legal Topics
Bankruptcy Annulment, Abuse of Process, Service of Statutory Demand, Liability Orders, Relief From Sanction
Insolvency Civil Procedure Bankruptcy Annulment Abuse of Process Service of Statutory Demand Liability Orders Relief From Sanction

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Parties

Philip John Lambert

Applicant

Forest of Dean District Council

First Respondent

Andrew James Nichols

Second Respondent

John William Butler

Third Respondent

Procedural Posture

Bankruptcy Annulment Application / Judgment on Application to Annul Bankruptcy Order

Legal Issues

  1. 1 Whether the bankruptcy order ought to be annulled under section 282(1)(a) of the Insolvency Act 1986
  2. 2 Whether the application is an abuse of process
  3. 3 Whether the debts founding the petition are due and owing

Ratio Decidendi

The application to annul the bankruptcy order is dismissed as an abuse of process due to Mr Lambert's repeated disregard for court orders, failure to comply with costs orders, and attempt to circumvent the relief from sanction regime. Even if procedural defects in service existed, the underlying debts remain due and owing, and annulment would serve no purpose as bankruptcy would be inevitable. The court's discretion is exercised against annulment given the applicant's non-cooperation and unresolved asset issues.

Court Disposition

Application dismissed

Orders

  • The application to annul the bankruptcy order is dismissed.
  • No relief from sanction is granted.