Smailes & Anor v McNally & Anor

Smailes & Anor v McNally & Anor

The liquidators failed to comply with the Unless Order by omitting the scripts from their disclosure list, despite knowing their existence and relevance; this constituted a breach regardless of good faith or methodology.

Parties
Applicant: Robert Derek Smailes; Applicant: Stephen Blandford Ryman; Respondent: John Henry McNally; Respondent: George Scott Maclean
Jurisdiction
England and Wales
Judgment Date
30 July 2014
Procedural Posture
Civil Appeal / Appeal From High Court Decision
Outcome
Appeal allowed; proceedings struck out per Unless Order.
Legal Topics
Disclosure, Sanctions, Unless Orders, Fraudulent Trading, Trading While Insolvent
Civil Procedure Insolvency Company Law Disclosure Sanctions Unless Orders Fraudulent Trading Trading While Insolvent

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Parties

Robert Derek Smailes

Applicant

Stephen Blandford Ryman

Applicant

John Henry McNally

Respondent

George Scott Maclean

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Decision

Legal Issues

  1. 1 Whether the joint liquidators complied with the Unless Order regarding disclosure
  2. 2 Whether omission of key documents constituted breach of disclosure obligations

Ratio Decidendi

The liquidators failed to comply with the Unless Order by omitting the scripts from their disclosure list, despite knowing their existence and relevance; this constituted a breach regardless of good faith or methodology.

Court Disposition

Appeal allowed; proceedings struck out per Unless Order.

Orders

  • Liquidators' claims struck out without further order.
  • Respondents at liberty to enter judgment for costs, subject to detailed assessment if not agreed.