KA-2024-BRS-000027 - [2025] EWHC 2919 (KB)

Saxby’s appeal against the Judge’s finding of an unfair debtor/creditor relationship (Grounds 1 and 2) is dismissed.

Saxby’s appeal (Ground 3), and Ms Baker’s rolled-up application and appeal, against the quantum of the money order made in exercise of powers under section 140B of the Act, are allowed and that decision set aside. The issue of remedy is remitted to the County Court for redetermination.

Saxby’s appeal (Ground 4), and Ms Baker’s rolled-up application and appeal, against the costs order made, are allowed in consequence of the remission of the issue of remedy for redetermination, and without determination of their merits. The costs order is set aside and the costs of the claim and counterclaim will be determined afresh after the redetermination of remedy.

Ms Baker’s rolled-up appeal and application for permission to appeal the quantum of damages awarded on the counterclaim is dismissed.

I am minded to make an order remitting the case to the County Court for directions in the first place towards the redetermination of remedy and costs. In the light of the submissions made to me in these appeal proceedings, I consider it is likely to be of assistance to the court, and to avoid the further prolongation of these already protracted proceedings, for there to be an agreed (or pre-determined) list of issues for determination in each respect, so that the court and the parties can be in no doubt about exactly what needs to be, and in due course has been, determined.