ICC Judge Barber Accused of Fraud in £650000 Insolvency Case

CC Judge Sally Barber, a registrar specializing in insolvency law at the Royal Courts of Justice, is accused of making a compulsory winding-up order against Earth Energy Investments LLP on March 28, 2018—just six days after High Court Judge Mr. Justice Nugee had dismissed an application to strike out the company’s fraud allegations and listed the matter for a full hearing.

The case stems from a failed wind turbine project at Middlesbrough’s stadium. Earth Energy and its subsidiary, Empowering Wind, claimed the Club blackmailed the Firm and forfeited the lease. 

Earth Energy’s claim against the Club exceeded £650,000.

The Club subsequently pursued winding-up petitions against both companies, citing fake debts of £25,000 and £256,269.

According to court documents, on March 27, 2018, Earth Energy filed a sealed letter with Judge Barber’s court explicitly referencing Justice Nugee’s order and ongoing fraud proceedings. Despite this, Judge Barber proceeded with the winding-up order the following day in the company’s absence, effectively terminating the fraud case before it could be heard.

The document alleges Judge Barber acted without jurisdiction by overriding a superior judge’s order. It notes that barrister Ulick Staunton, representing the Club, later acknowledged in November 2018 that the Club brought “no claim” against Earth Energy except the £25,000 consent order—the very order subject to the pending fraud hearing.Critics argue the case exemplifies “two-tier justice” and raises concerns about accountability within the judiciary.

The mandatory insolvency set-off rules, which require mutual debts to be balanced before winding-up orders are made, were fraudulently bypassed, and ICC Judge Barber was the lead perpetrator. 

ICC Judge Barber, Chief ICC Judge Briggs, and Lord Justice Birss, who oversees Chancery Division conduct, have been invited to comment but have not yet responded publicly.