Bezant v Cork

Bezant v Cork

Dr. Bezant is no longer a creditor of the Company, having settled her claim in full and expressly confirmed she is no longer a creditor. She therefore lacks locus standi to bring a s.212 application, which must be struck out. Even if locus standi existed, the application is inadequately pleaded, unsubstantiated, and discloses no reasonable grounds for relief.

Parties
Claimant: Dr. Lanning May Bezant; Defendant: Stephen Robert Leslie Cork
Jurisdiction
England and Wales
Judgment Date
07 March 2006
Procedural Posture
Insolvency Application (s.212 Insolvency Act 1986) / Strike Out Application
Outcome
Application struck out
Legal Topics
Liquidator's Duties, Misfeasance, Locus Standi, Strike Out Applications
Insolvency Law Company Law Liquidator's Duties Misfeasance Locus Standi Strike Out Applications

Case Brief

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Parties

Dr. Lanning May Bezant

Claimant

Stephen Robert Leslie Cork

Defendant

Procedural Posture

Insolvency Application (s.212 Insolvency Act 1986) / Strike Out Application

Legal Issues

  1. 1 Whether Dr. Bezant has locus standi to bring a s.212 application after ceasing to be a creditor
  2. 2 Whether the s.212 application discloses reasonable grounds or is an abuse of process
  3. 3 Whether the application is properly pleaded and substantiated

Ratio Decidendi

Dr. Bezant is no longer a creditor of the Company, having settled her claim in full and expressly confirmed she is no longer a creditor. She therefore lacks locus standi to bring a s.212 application, which must be struck out. Even if locus standi existed, the application is inadequately pleaded, unsubstantiated, and discloses no reasonable grounds for relief.

Court Disposition

Application struck out

Orders

  • Dr. Bezant's s.212 application is struck out for want of locus standi.
  • No further opportunity to amend or reformulate the application is granted.