Facts: Mr Akrill’s father entered into a sale and lease-back arrangement of his home, his primary asset, shortly before entering into permanent residential care. Derbyshire initially concluded that this had not amounted to a deprivation of capital, but then decided that it had done. Mr Akrill defended proceedings brought by Derbyshire under section 423 of the Insolvency Act 1986, for the re-transfer of the house into his father’s estate, in part on the basis that Derbyshire was bound by its first decision. In the county court, the judge held that it was not possible to raise a public law defence except by way of judicial review. Mr Akrill appealed.

Judgment: the Court of Appeal (Brooke, Neuberger and Latham LJJ) held that, subject to any question of abuse, a litigant was entitled to raise as a defence an alleged breach of public law, in private law proceedings, if it affects the basis of the claim against him.