In making a strike out decision under Part 24, the court of first instance was exercising a discretion which an appellate court should be reluctant to disturb. The court should only interfere in the case of a manifest error. The Law Society had intervened in the legal practice of the respondent’s late husband. The court had struck out a claim by the Society that the home had not been validly transferred to her. That decision was not outside those open to the court on the evidence. There was no applicable limitation period in a case concerning gifts made by the debtor.
Judges:
Lord Justice Peter Gibson, Lord Justice Mantell and Mr Justice Wall
Citations:
Times 07-Jan-2002, [2002] BPIR 336
Statutes:
Jurisdiction:
England and Wales
Citing:
Application for leave – Law Society v Southall CA 17-May-2001
Application for leave to appeal. . .
Cited by:
Cited – Hill (As Trustee In Bankruptcy of Nurkowski) v Spread Trustee Company Ltd and Another CA 12-May-2006
The defendants sought relief for transactions entered into at an undervalue. The bankrupt had entered into charges and an assignment of a loan account in their favour before his bankruptcy, and the trustee had obtained an order for them to be set . .
Lists of cited by and citing cases may be incomplete.
Civil Procedure Rules, Legal Professions, Limitation
Updated: 08 May 2022; Ref: scu.167350