Chu v Price [2003] EWCA Civ 1744 (06 October 2003)

Chu v Price [2003] EWCA Civ 1744 (06 October 2003)

The respondent held himself out as Michael Yee Cam Chu to ITF, signed the loan agreement, accepted liability, and made offers of settlement; ITF believed they were contracting with and suing the same person; there is no real prospect of a successful defence on identity; district judge was entitled to amend the bankruptcy order to include aliases.

Citation
[2003] EWCA Civ 1744
Parties
Appellant/respondent: Michael Yee Fun Chu; Respondent/appellant: Alan Price (as Trustee in Bankruptcy)
Jurisdiction
England and Wales
Judgment Date
06 October 2003
Procedural Posture
Civil Appeal / Appeal From High Court (chancery Division)
Outcome
Appeal allowed; order of district judge reinstated; permission to appeal to House of Lords refused.
Legal Topics
Amendment of Bankruptcy Order, Use of Aliases, Identity in Bankruptcy Proceedings, Consumer Credit Act Compliance
Insolvency Bankruptcy Civil Procedure Amendment of Bankruptcy Order Use of Aliases Identity in Bankruptcy Proceedings Consumer Credit Act Compliance

Case Brief

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Parties

Michael Yee Fun Chu

Appellant/respondent

Alan Price (as Trustee in Bankruptcy)

Respondent/appellant

Procedural Posture

Civil Appeal / Appeal From High Court (chancery Division)

Legal Issues

  1. 1 Whether the bankruptcy order should be amended to include aliases of the respondent
  2. 2 Whether the respondent used the name Michael Yee Cam Chu to induce ITF to lend money
  3. 3 Whether there is a triable issue as to the identity of the party bound by the loan agreement

Ratio Decidendi

The respondent held himself out as Michael Yee Cam Chu to ITF, signed the loan agreement, accepted liability, and made offers of settlement; ITF believed they were contracting with and suing the same person; there is no real prospect of a successful defence on identity; district judge was entitled to amend the bankruptcy order to include aliases.

Court Disposition

Appeal allowed; order of district judge reinstated; permission to appeal to House of Lords refused.

Orders

  • Bankruptcy order to be amended to include aliases of the respondent.
  • Costs awarded to appellant here and below.