889 Trading Limited v Clydesdale Bank PLC & Ors

Facts

889 Trading Limited, a company effectively owned and controlled by Mr David Taylor, brought two sets of proceedings. In the first (E30MA245), commenced on 12 April 2018, the defendants were Clydesdale Bank PLC and two individuals whom the bank had appointed as Law of Property Act receivers over a property in Oldham. In the second (BL-2023-MAN-000013), Clydesdale Bank PLC, trading as Virgin Money, was the sole defendant. In E30MA245, DJ Khan made an unless order requiring the company to lodge a directions questionnaire by 4 pm on 17 October 2018, failing which the claim would be struck out. The company deliberately did not comply. On 18 October 2018 the district judge made a further order which Mr Taylor said kept the claim alive. HHJ Cawson KC held that the claim had been automatically struck out, and the Court of Appeal refused permission to appeal. HHJ Hodge KC then refused relief from sanctions, and the Court of Appeal again refused permission to appeal. HHJ Cawson made an extended civil restraint order against the company on 4 April 2023 for two and a half years. He later made general civil restraint orders against Mr Taylor and his son. Shortly before the ECRO expired, the bank applied to extend it for three years. HHJ Cawson KC continued it pending determination, and the hearing was later adjourned on compassionate grounds. Mr Taylor, representing the company, relied on a new counsel's opinion arguing that the claim had never been struck out.