Phillip Patterson appears in reported insolvency decision on abuse of process

Phillip Patterson has successfully represented Fine Star Estates Ltd in Elevate Estates Management Ltd v Fine Star Ltd [2026] EWHC 2728 (BP), a recent decision of ICC Judge Agnello KC providing useful guidance on the application of established abuse of process principles in the context of the resistance of winding-up and bankruptcy petitions.

The Court threw out a second application to dismiss a winding-up petition alleging the debt was disputed on substantial grounds. The debtor company had previously pursued those same arguments in an earlier application for an injunction restraining advertisement.  Insolvency practitioners will be interested to see how the judgment analyses how the Turner principles operate alongside other established authorities on abuse of process and res judicata.

Phillip acted for Fine Star Estates Ltd, instructed by Richard Cornwell-Lyne at Ingram Winter Green LLP.

Read the judgment here.