Selected experience · High Court, Chancery Division
Parry v Parry
[2005] EWHC 3284 (Ch)
[2005] EWHC 3284 (Ch)
High Court, Chancery Division
2005
Counsel for the respondent creditors, instructed by Alker & Ball
Bankruptcy appeals and judgment debts
Mr Justice Laddie
Alexander represented the respondent creditors on an appeal against a bankruptcy order founded on judgment debts and costs arising from earlier boundary litigation. The appeal was dismissed with costs.
Case overview
The debtor challenged a bankruptcy order based on a statutory demand comprising several judgment debts and costs orders. She argued that the principal costs liability was affected by the creditors' former legal-aid funding and by the period during which she herself had been legally aided.
Principal issues or remedies
- Whether the creditors' previous receipt and repayment of legal aid affected their entitlement to enforce costs.
- Whether the bankruptcy court could go behind a detailed costs assessment which had not been successfully appealed.
- Whether the admitted judgment debts justified the bankruptcy order independently of the principal costs item.
Alexander's role, work and outcome
The High Court held that the debts justified the bankruptcy order, rejected the challenges to the costs liability and dismissed the appeal with costs.
Why the case matters
The judgment illustrates the limited scope for challenging established judgment debts within a bankruptcy appeal and the need to use the proper appellate route against a costs assessment.