Judgment Hand Down: Gladwin v RSM UK Restructuring Advisory LLP & Ors [2026] EWHC 1043

The Claimant, a former director and the sole owner of a Scottish company, Killean Estate Limited (“KEL”), had sued the Defendants, “RSM” and the former administrators of KEL. He alleged the former administrators and RSM were part of a fraudulent conspiracy and had fraudulently sold a Scottish estate owned by KEL at an undervalue in the course of its administration. The Claimant alleged losses in excess of £40 million.

The Defendants applied to strike out the Claimant’s claim and for an Extended Civil Restraint Order (“ECRO”) restraining him without the court’s permission from bringing further claims or applications related to the subject matter of the Claim. The Defendants argued that KEL’s former director’s claim was abusive because it sought to resurrect in a different guise a claim disposed of by the judgment of ICCJ Barber in Gladwin v RSM UK Restructuring Advisory LLP [2024] EWHC 3054 (Ch), and a near identical action advanced in Scotland in 2023.

In a reserved judgment, Master Kaye (sitting as a Deputy High Court Judge) granted both of the Defendants’ applications imposing an ECRO for the maximum period of three years as well as ordering the Claimant pay the Defendants’ costs on the indemnity basis. The Deputy Judge found at paras [181], [187], [188] as follows:

The abuse in this case is not only that [the Claimant] is vexing the same defendants more than once with hopeless claims but also forum shopping. The forum shopping adds an additional element of persistence, abuse and risk and particularly where some of the claims had the additional problem that they should not have been made in this jurisdiction at all.

Whilst Mr Gladwin feels strongly that he has been wronged and that he has not had justice that has to be weighed against the nature of the claims he seeks to advance which are unmeritorious and abusive as set out above. Here he has advanced serious but unevidenced allegations of misconduct and fraud against the joint administrators and a claim against RSM for which there is no legal basis.

There is considerable prejudice to these defendants continuing to be vexed by unmeritorious claims making very serious entirely unsupported allegations of serious misconduct. The joint administrators may be office holders and professional men but that does not absolve Mr Gladwin’s conduct in any way. It is not just, it is not fair, and it is not reasonable for them to have to be faced with the allegations made by Mr Gladwin.

Rory Brown KC of South Square represented the Defendants, instructed by RSM UK Restructuring LLP and Winston Taylor International LLP (t/a Taylor Wessing).

Read the full judgement here