Case number: BL-2024-001074 - [2025] EWHC 2954 (Ch)

Fecha: 11-Nov-2025

Miss PENELOPE REED KC

Miss PENELOPE REED KC:

Introduction

I have before me three applications made by Daniel Hill and his wife Mrs.. Anne Hill in these proceedings which has been brought by the joint trustees in bankruptcy of Mr. Hill (“the Trustees”) and which are dated 6 March 2025, 8 April 2025 and 12 September 2025 respectively. Only part of the relief sought in the March application has been argued fully before me and the arguments have concentrated on the relief sought in a draft order which seeks:-

A declaration that Mr. Hill has not been properly served;

ii)

That there be no order on the application of March 2025 save in respect of costs on the basis that Mr. Hill has not been served with the claim form in respect of the proceedings;

iii)

There be no order on the March application in respect of the second part of the relief sought by Mrs. Hill who had sought a declaration that the court had no jurisdiction in relation to the claim against her or should not exercise that jurisdiction;

iv)

There be no order on the April application brought by Mrs. Hill whereby she sought summary judgment;

The time limit in paragraph 7 of an order which I will come to below made by Deputy Master Linwood on 8 January 2025 be extended by 12 days to 6 March 2025;

vi)

That Mr. Hill be granted relief from sanction and that the time limit in paragraph 7 of the order be extended by 12 days to 6 March 2025;

vii)

That paragraph 4 of that order which extended time for service of the claim form be set aside in respect of paragraphs 36, 48, 65, 106b and 113 of the Particulars of Claim as well as the relief sought in respect of those paragraphs;

viii)

Those paragraphs and the related claims and relief be struck out; and

ix)

Mr. and Mrs.. Hill’s time for service of the defence be extended until first 42 days after the final disposal of the March application.

It is that relief in respect of which I have heard very full argument from Mr. Collings KC on behalf of Mr. and Mrs. Hill and Mr McCourt Fritz KC and Ms. Meech on behalf of the Trustees. I am extremely grateful to Counsel for their clear written and oral arguments.