The judgment in the matters of FundingSecure and Mark Clarkson was handed down earlier today by the Court of Appeal. This followed a hearing on 9th February 2022 at the Royal Courts of Justice.
At the end of the ninety-minute-hearing Lord Justice Lewison ruled: “We are of the clear view that the part 20 claim is an abuse” and indicated the the court would hand down its full judgment in writing.
As a result Mark Clarkson has been prevented from bringing his counter-claim against former directors of FundingSecure who, it was claimed, had entered into a multi-million pound conspiracy against him. All parties deny any accusation of wrong-doing.
The outcome of the appeal is a major win for the members of the public who lent money through the peer-to-peer lending platform.
The background to the appeal was covered by the mouseinthecourt in “Henderson who??? Key FundingSecure case goes to Court of Appeal“.
This a mind-bogglingly-complicated claim and is very difficult to distil down to an easy-to-understand couple of paragraphs (guest bloggers are welcome if you feel up to the task!)
For those who wish to understand the case in detail we are providing the following documents whose collection has been financed by kind donations to the site. Please consider donating to the cheese fund to support crowd-funded journalism of this and other P2P cases.
Manchester High Court hearing – 8th February 2021
- Written Submissions for Asertis Ltd & Part 20 Defendants
- Written Submissions for Mark Clarkson
- The Judgment of HHJ Hodge QC
Application for permission to Appeal
Court of Appeal hearing – 9th February 2022
- An introduction to the appeal
- Watch the hearing on YouTube
- Written Submissions for Asertis Ltd & Part 20 Defendants Appeal #517
- Written Submissions for Asertis Ltd & Part 20 Defendants Appeal #488 & #509
- Written Submissions for Mark Clarkson Appeal #517
- Written Submissions for Mark Clarkson Appeal #488 & #509
- The Judgment of Lady Justice Simler
Mouse in the Court 