In Bayliss v Saxton, the Queen’s Bench Division of the High Court held that section 285(3)(b) of the Insolvency Act 1986 did not apply to committal proceedings for contempt of court on the grounds of interference with due justice. Continue reading

Insolvency round-up: January 2019

I recently acted as junior counsel in Wolff v Trinity Logistics USA Inc, where the Court of Appeal considered the circumstances in which a respondent to an appeal requires permission to run a defensive case. The issue arose in the following context: Trinity USA’s claim against Mr Wolff in procuring breach of contract succeeded at first instance, but its claims in conspiracy, conversion and deceit were dismissed by Sara Cockerill QC (sitting as a Deputy Judge of the High Court). Mr Wolff appealed against the judge’s decision on procuring breach of contract and Trinity USA sought to challenge the dismissal of its claims in conspiracy and conversion. Continue reading

In Hall v Derby Teaching Hospitals NHS Foundation Trust, Master Thornett considered the claimant’s application for permission to rely upon additional neurosurgical evidence and for directions in consequence, including an increase to the claimant’s previously budgeted costs. Continue reading