Katie Longstaff instructed by Pinsent Masons LLP, acted for the successful First and Second Respondents, the former joint trustees in bankruptcy of the Applicant, on their application to strike out the Applicant’s s.303 IA86 application (the Third-Fifth Respondents sought the same relief). The former trustees’ decision to assign the Applicant’s fraud action to the defendants (the Third-Fifth Respondents) was challenged.

The High Court found the Applicant did not have standing to make the application. Whilst not necessary to determine the strike out applications, the Court considered the former trustees’ release would not have prevented the challenge, but the Applicant’s application disclosed no reasonable cause of action and did not have a realistic prospect of success in any event.

Read the full judgment here.