Wednesday 27th July 2022
By Appellant’s Notice filed on 29 October 2021, the defendant below (“D”) appeals the Order of Mr Robin Vos, sitting as a Deputy Judge of the High Court (Chancery Division) dated 29 October 2021. By the 29 October Order, it was declared that D is personally liable under s.217 of the Insolvency Act 1986. By Consent, ordered judgment in the sum of £1,190,000.
Factual background: D was a shareholder and director of Discovery Yachts Group Limited (DYGL), a company now in liquidation. PSV 1982, (“C”) is the assignee of amounts awarded to a Mr Andrew France and his company, Elusive Yachting Limited, against DYGL by way of damages for breach of contract, interest and costs in a claim made against DYGL and an associated company, Discovery Yachts Sales Limited (DYSL), in the Commercial Court. PSV seeks to recover this sum from Mr Langdon on the basis that, as a result of Sections 216 and 217 Insolvency Act 1986, he is personally responsible for the debts and liabilities of DYGL. The total amount claimed is £1,125,824.67. The proceedings were commenced on 31 March 2020. On 30 March 2021, Deputy Master Bowles ordered that a number of issues be tried as preliminary issues based on an agreed statement of facts. The hearing before Mr Robin Vos was concerned with the trial of preliminary issues.