Gayle-Childs vTimmis & Anor [2013] EWHC 4283 (Ch) (14 January 2013)

The claimant is the same individual previously made bankrupt; any claim regarding the £100,000 vests in the trustee, rendering the current claims unsustainable. The claims are totally without merit, justifying strike out and imposition of a general civil restraint order.

Citation: [2013] EWHC 4283 (Ch)
Parties: Claimant: Gayle-Childs; Defendant: Timmis; Defendant: Kenrick
Jurisdiction: England and Wales
Judgment Date: 14 January 2013
Procedural Posture: Civil / Application to Strike Out Claims and for Civil Restraint Order
Outcome: Claims struck out as totally without merit; general civil restraint order imposed for 2 years.
Legal Topics: Civil Restraint Orders, Strike Out Applications, Bankruptcy Vesting of Assets

Civil Procedure Bankruptcy Law Civil Restraint Orders Strike Out Applications Bankruptcy Vesting of Assets

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 6

Parties

Gayle-Childs

Claimant

Timmis

Defendant

Kenrick

Defendant

Procedural Posture

Civil / Application to Strike Out Claims and for Civil Restraint Order

Legal Issues

1 Whether the claimant has standing to pursue claims post-bankruptcy
2 Whether claims are totally without merit
3 Whether a civil restraint order should be imposed

Ratio Decidendi

Court Disposition

Claims struck out as totally without merit; general civil restraint order imposed for 2 years.

Orders

Strike out both sets of proceedings.
Categorise both claims as totally without merit.