Jurisdiction(s):
United Kingdom

Promontoria v Hancock: EWHC on redactions requiring justification, confidentiality and execution of assignment deeds in statutory demand and possession proceedings (England and Wales)

Published on: 09 March 2021

Published by a LexisNexis Restructuring & Insolvency expert

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Article summary

Re Anthony Leslie Hancock; Promontoria (Pine) Designated Activity Co v Hancock [2021] EWHC 259 (Ch), [2021] All ER (D) 86 (Feb)

What are the practical implications of this case?

The court’s observations on the use of redacted material offer clearer guidance to other lenders about how far documents may properly be obscured on security or confidentiality grounds. More broadly, the decision aids lenders when preparing deeds of assignment, underscoring that confidential material ought to be segregated from the operative mechanics so that no working provisions need be blanked out for confidentiality reasons. Together, these points give lenders practical direction on presenting evidence and structuring assignments while preserving confidentiality without undermining enforceable terms of deal overall. Notably, the court affirmed that extensive redaction must be comprehensively explained and justified, a requirement of particular importance in opposed statutory demand proceedings determined on a summary basis without a full trial. That message was reinforced in a related dispute between another Promontoria company and Mr Hancock, Hancock v Promontoria (Chestnut) Ltd [2020] EWCA Civ 907. There, substantial weight was placed on evidence from Promontoria’s solicitor, who stated in his witness statement that he had reviewed the unredacted deed of assignment and was thus able...

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