CHANCERY DIVISION
7 Rolls Building, Fetter Lane, London, EC4A 1NL |
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B e f o r e :
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Case No: HC-2017-000008 |
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VICTOR LILLEY |
Claimant |
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- and – |
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FINANCIAL TIMES LTD |
Defendants |
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And BETWEEN |
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Case No: HC-2017-000011 |
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VICTOR LILLEY |
Claimant |
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- and – |
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THE CHARTERED INSTITUTE OF PROCUREMENT AND SUPPLY |
Defendants |
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8th Floor, 165 Fleet Street, London, EC4A 2DY
Tel No: 0207 404 1400 Fax No: 020 7404 1424
Web: www.DTIGlobal.com Email: TTP@dtiglobal.eu
(Official Shorthand Writers to the Court)
MR S CARTER appeared on behalf of the Defendant in CH-2017-000008
MS A KNIGHT appeared on behalf of the Defendant in CH-2017-000011
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Crown Copyright ©
"15. Where a bankrupt is commencing or pursuing a claim which he knows he does not have, the abuse of process in commencing or pursuing that claim is obvious. No claimant is entitled to sue on a right which he knows belongs to someone else. The abuse lies in knowingly pursuing a claim which, as presently constituted, is bound to fail. The abuse does, however, depend on actual knowledge of the lack of title to the cause of action, not on what he or she ought to have known.
16. Nevertheless, where an action is commenced or continued after the cause of action has vested in a trustee in bankruptcy, the action does not abate and the position is capable of being regularised by the joinder of the trustee or by the taking of an assignment from him. Whether the court will permit that to happen will involve an exercise of discretion. It will be necessary to have regard to the interests of those likely to be affected, including the creditors in the bankruptcy. The court would be likely to stay the action until the position in the bankruptcy is clarified."
"Statements of case must be concise. They must plead only material facts, meaning those necessary for the purpose of formulating a cause of action or defence, and not background facts or evidence. Still less should they contain arguments, reasons or rhetoric. These basic rules were developed long ago and have stood the test of time because they serve the vital purpose of identifying the matters which each party will need to prove by evidence at trial."