Gavin Paul Carter & Anor v Terri Ann Davies & Ors

Facts

The first claimant, Mr Carter, had engaged The Red Communications Consultancy Limited to design the website for a live-streaming project that his late mother part funded. The second defendant, Mr Davies, was the company's director and shareholder. Mr Carter was dissatisfied with the work. He pursued his complaints on social media and then turned on the first defendant, Mrs Davies, who is Mr Davies's wife. She sued him for defamation and harassment. By judgment and order dated 15 November 2021, Saini J found that she had nothing to do with the company. He awarded her £10,000 in libel and £25,000 for harassment, with £35,000 in costs and a final injunction. Mr Carter was made bankrupt on her petition on 28 February 2023, and his attempts to annul the bankruptcy order failed. His trustees in bankruptcy were the third defendant and a co-trustee, acting through the fourth defendant firm and advised by the fifth defendant. On 23 September 2025 District Judge Mody made declarations in their favour. He declared that a payment of £190,000 used to buy an apartment in the sole name of the second claimant, Mr Carter's partner, was void under section 284 of the Insolvency Act 1986, and that the property vested in the trustees under section 306 of the Insolvency Act 1986. He also ordered possession and sale. Green J refused permission to appeal a later order of DJ Mody and certified the appeal as totally without merit. On 1 May 2026 the claimants brought this claim to set aside the 2021 judgment as obtained by fraud. The defendants applied to strike it out. The claimants then discontinued against the professional defendants, who applied to set the notice aside, and the claimants applied to amend.