CHANCERY DIVISION
Strand, London, WC2A 2LL |
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B e f o r e :
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PALIL SIMMS |
Claimant |
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- and - |
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(1) MICHAEL AMBROSE CONLON and (2) ROGER HARRIS |
Defendants |
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6th Floor, 12-14 New Fetter Lane, London EC4A 1AG
Telephone No: 020 7036 6000. Fax No: 020 7427 0093.
Email: info@martenwalshcherer.com
The Defendants appeared in person
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Crown Copyright ©
MR. JUSTICE DAVID RICHARDS:
"15. Mr. Simms has been in acute danger of being declared bankrupt since at least March 2007 as a result of his outstanding liability for costs arising in relation to the matter of Dadourian Group International & others v. Simms & others. Mr. Serota of Wallace & Co., who acts for the plaintiff, has been keeping me informed about the progress of that case.
"16. In a conversation with Julia Forbes at Russell Cook on 24th October 2007 it was confirmed to me that all time limits have expired in relation to the statutory demand served by the Law Society on Mr. Simms for £277,000".
I should interpose to say that Mr. Simms has a liability to the Law Society in respect of the costs of the Tribunal proceedings and the appeal.
"So far as I am aware, bankruptcy proceedings against Mr. Simms are imminent. I was told that it seems likely that only a promise of some payment by Mr. Simms, which has not occurred, has delayed those proceedings from being issued.
"17. In the light of the facts in para. 5 above" – I interpose to say that that must be a reference to paragraph 15 – "positive steps to progress the second action were not taken as it seemed inevitable that nothing would be recoverable from Mr. Simms in any event. To have moved forward at any pace would have incurred further counsel's fees on my part. Mr. Conlon and I still owe approximately £44,000 to counsel in relation to the second action, and I did not want to add to that cost any further than was absolutely necessary."
"The reason I did no further work after 23rd April was because all would be a waste of time if the claimant were going to be made bankrupt.
Paragraph 14: "I refer to exhibit MAC pages 3 and page 4 in which I told the claimant that I now suffer from depression which the doctors say relates to the consequences of the claimant's dishonesty. The depression affects my ability to work."
I do not think I need read any further from that paragraph.