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 clearly establishes that on the vesting of a bankrupt’s estate in the trustee, the right to challenge a judgment which would take effect against the estate vests in the trustee. That means that the right to seek leave to appeal against the order . . vests in [the trustee]’
Judges:
Sir Thomas Bingham MR, Hoffmann LJ
Citations:
[1997] BPIR 337
Jurisdiction:
England and Wales
Citing:
Cited – Heath v Tang, Stevens v Peacock CA 11-Aug-1993
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 by:
Cited – Singh v HM Revenue and Customs UTTC 15-May-2010
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 . .
Lists of cited by and citing cases may be incomplete.
Insolvency
Updated: 16 May 2022; Ref: scu.564435