Wednesday 23 February 2023
By appellant’s notice filed on 27 April 2022, the claimant company appeals the order of Fancourt J dated 6 April 2022, whereby he struck out those parts of the Particulars of Claim which relate to the sale of the claimant’s assets effected by the defendants on 13 June 2019 and transferred the claim to the County Court.
The defendants were court appointed receivers who sold certain of the claimant’s assets in June 2019. The claimant alleges that this particular sale constituted a breach of the receiver’s duty to obtain the best price reasonably obtainable for the assets, a professional negligence claim for a sale at an undervalue. The claim was struck out because the Judge found that the receivers had secured immunity by having sought and obtained the court’s sanction for the sale. The Judge found the claim to be an abuse of process.