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Denaxe Ltd v Cooper & Rubin [2023] EWCA Civ 752

On 30 June 2023, David Mohyuddin KC and Daniel Burton instructed by Martin Jensen and Zoe White of Beale & Co Solicitors LLP, succeeded in resisting an appeal brought against their clients, Paul Cooper and David Rubin, the former receivers appointed in 2019 by way of equitable execution over certain assets relating to Blackpool Football Club. At first instance, Mr Justice Fancourt struck out a claim that they had sold assets at an undervalue: (2022] EWHC 764 (Ch); [2022] 4 WLR 52. Denaxe Ltd, which was formerly known as Blackpool Football Club (Properties) Ltd, appealed but the Court of Appeal upheld the decision that the claim was an abuse of process and dismissed the appeal.

The decision is likely to have a significant effect on applications made by trustees and office-holders who seek the court’s blessing for transactions they wish to conduct.

Watch this space for more detailed comment and for information about a seminar discussing the outcome.

Read the full judgment here.