Wednesday 28th October 2020
Before Lord Justice Lewison
Lord Justice Arnold
Lord Justice Nugee
There are two linked appeals: both filed by R4 and R5 as they were below.
The first is against the order of HHJ Paul Matthews dated 4/2/20 sitting in the Bristol County Court when he ordered that an application by R4 and R5 to strike out the originating application by R1’s trusteees in bankruptcy be transferred to the High Court.
The judge granted PTA to R4 and R5 and directed that their appeal be transferred to the Court of Appeal.
The judge stated that it is not as clear as it sought to be whether rule 12.30 of the Insolvency Rules 2016 prevents a transfer of a part of proceedings (as the CPR clearly do), and the authorities do not speak with one voice.
The second appeal is against an order made by HHJ Matthews (sitting as a High Court Judge). He granted PTA to the CA. The order concerned the application by R4 and R5 to strike out an originating application by the R1’s trustee in bankrupty, alternatively for summary judgment.
The judge refused the application to strike out and allowed in part the application for summary judgment.
The judge differed from the views of another judge of coordinate jurisdiction and granted PTA to the CA as there needs to be clarity on an important practical point arising from r 12.9 of the IR 2016 and its possible interplay with limitation rules.