OR abandoned GBP 9.2M without investigation. Impossibilium defence.
The Official Receiver abandoned £9.2M in claims (£4.9M LRP + £1.95M Chelsea + £2.35M personal) without investigation. Demands documents from the Applicant while simultaneously withholding them. Impossibilium nulla obligatio est.
What the opponent will argue, and why they are wrong.
OR investigated and determined claims had insufficient merit.
No investigation conducted. OR demands documents under s.235 while withholding the very bank statements needed for compliance. Impossibilium nulla obligatio est. Claims include GBP 4.9M pleaded (LRP), GBP 1.95M (personal), GBP 11.82M (DCF cross-claim). Defence ADMITS liability. No rational OR would abandon admitted claims totalling GBP 9.2M+.
The OR has wide discretion in how to conduct the liquidation and which claims to pursue.
Discretion must be exercised rationally. Abandoning GBP 9.2M in claims where the defendant has admitted liability in sworn statements is Wednesbury unreasonable. The OR's fiduciary duty to creditors requires pursuing viable claims. Steinhuber witness statement confirms GBP 305K invested and GBP 600K retracted due to lockouts.
Complete 8-year revenue history. Verified from accounting records.
The order exists. The question is the circumstances in which it was made.
Three scenarios: conservative GBP 3.3M, moderate GBP 4.7M, historic GBP 17.1M. Midpoint GBP 11.82M.
Fallback: Default judgment route bypasses OR entirely. Claims can be pursued personally via equitable assignment.
Independence: Partially dependent on other grounds succeeding.