Goldfarb (Liquidator of Eurocruit Europe Ltd.) v Poppleton, Court of Appeal - Chancery Division, June 21, 2007, [2008] Bus LR 146,[2007] EWHC 1433 (Ch)

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Goldfarb (Liquidator of Eurocruit Europe Ltd.) v Poppleton, Court of Appeal - Chancery Division, June 21, 2007, [2008] Bus LR 146,[2007] EWHC 1433 (Ch)

Neutral Citation Number: [2007] EWHC 1433 (Ch)

Case No: 6774 OF 2005

IN THE HIGH COURT OF JUSTICE

CHANCERY DIVISION

Royal Courts of Justice

Strand, London, WC2A 2LL

Date: 21 June 2007

Before :

THE HON MR JUSTICE BLACKBURNE

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IN THE MATTER OF EUROCRUIT EUROPE LTD (in liquidation)

AND IN THE MATTER OF THE INSOLVENCY ACT 1986

Between :

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Mr Richard Wilson (instructed by Moon Beever) for the Applicant

Mr Nicholas Briggs (instructed by Bevan Brittan) for the Respondent

Hearing dates: 7 June 2007

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Judgment

Mr Justice Blackburne :

1. This is the respondent's application to strike out the applicant's originating application for relief against the respondent under section 212 of the Insolvency Act 1986 (``the 1986 Act''). The respondent's application is made pursuant to CPR 3.4(2)(a) on the ground that the claims against him are statute-barred, alternatively pursuant to CPR Part 24 on the ground that, for the same reason, the claims against him have no real prospect of success and there is no other compelling reason why the matter should be disposed of at trial.

2. The proceedings relate to the affairs of Eurocruit Europe Ltd (``the Company'') which went into creditors' voluntary liquidation on 12 October 1999. The applicant, Kevin Goldfarb, a chartered accountant and licensed insolvency practitioner, was appointed liquidator on the same day.

3. The Company, which was incorporated on 17 July 1997, carried on business as a recruitment agency. The respondent, Richard Poppleton, was appointed a director of the Company on the day of its incorporation and remained a director until the Company went into liquidation just over two years later on 12 October 1999. Mr Poppleton was from 13 July 1998 the Company's sole director.

4. As at the date of liquidation the Company, according to its statement of affairs, had liabilities of £326,601 and assets of just £22,982. Its major creditors were and are Customs and Excise (as they then were) with an admitted debt of £107,629 and the Inland Revenue (as it ...

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