KB-2025-001160 - [2025] EWHC 2369 (KB)

I therefore dismiss the Application for the reasons given above.

As I have noted, BISL offered to agree to a stay of the Claim as a way of resolving the Application although, when this was rejected by Mr Wheeler, their position was that they were not positively advocating it. They were advocating the dismissal of the Application. For his part, Mr Wheeler suggested a stay as an alternative in the event that I was not prepared to strike out or dismiss the Claim.

My provisional view is that it is likely to be useful for Mr Wheeler to plead his case and for the Claim to proceed to the close of pleadings. This will enable the issues in relation to the claims against him to be identified and may ultimately assist settlement. However, I am willing to give the parties an opportunity to agree a position or, absent agreement, to make submissions as to whether there should be a stay and, if so, the terms of any stay.