References:  UKUT 174 (TCC),  BPIR 933,  BTC 1548,  STI 1723,  STC 2020
Coram: Warren J P
Ratio: UTTC JUDICIAL REVIEW – the concession of ‘equitable liability’ known as the Noble practice – standing to bring judicial review proceedings – no.
The bankrupt objected to the attempted proof by the Revenue in his bankrupty. He now renewed his application to bring judicial review.
Held: He had no standing to bring judiial review proceedings. Warren J approved the aproach suggested in Hurren, that agreement should be sought between the bankrupt and the inspector, with the trustee ensuring that any agreement was proper.
This case cites:
- Cited – Smith (a bankrupt) -v- Braintree District Council HL ( 3 All ER 897,  3 WLR 1317,  2 AC 215)
The House considered the effects of bankruptcy on the imposition of a committal to imprisonment in default of paying rates.
The purpose of section 285 is to preserve the estate of the bankrupt for the benefit of his unsecured creditors.
- Cited – Heath -v- Tang, Stevens -v- Peacock CA (Independent 14-Oct-93, Times 11-Aug-93,  4 ALL ER 694,  1 WLR 1421)
The bankrupt applicants each applied to the Court of Appeal for leave to appeal against the judgment for a liquidated sum on which the bankruptcy petition had been based. In the first case, the trustee in bankruptcy indicated his unwillingness to . .
- Cited – Wordsworth -v- Dixon CA ( BPIR 337)
The bankrupt had been a defendant in the action brought by the plaintiff. The court considered his standing to appeal.
Held: The right to appeal vested in the trustee. Sir Thomas Bingham MR referred to the case of Heath v Tang and said: ‘that . .
- Cited – Re a Debtor, ex parte the Debtor -v- Dodwell ChD ( Ch 236)
Harman J held that it was for the bankrupt’s trustee alone to settle with the Crown in a case where the bankrupt had been discharged and there was no tax assessment. . .
- Cited – Re Hurren (a bankrupt) ChD ( 1 WLR 183)
There might have been a surplus after paying the debts due to the Inland Revenue (the major creditor).
Held: The way forward was for the trustee to agree the tax liability with the Revenue but only with the consent of the bankrupt. Walton J . .
- Cited – Sivasubramaniam -v- Wandsworth County Court, Management of Guildford College of Further & Higher Education and Another CA (Gazette 23-Jan-03, Bailii,  EWCA Civ 1738,  1 WLR 475,  CP Rep 27,  2 All ER 160)
Having had various claims made in county courts rejected, the applicant was then refused leave to appeal. He sought judicial review of the refusal to give leave to appeal, and now appealed the refusal of leave to apply for a judicial review.
(This list may be incomplete)
Last Update: 07-Jun-16