Abdul-Ghaffar Khan-Ghauri (t/a Glam Homes) v Dunbar Bank Plc & Ors [2001] EWCA Civ 223 (8 February 2001)

Abdul-Ghaffar Khan-Ghauri (t/a Glam Homes) v Dunbar Bank Plc & Ors [2001] EWCA Civ 223 (8 February 2001)

The applicant had no standing to pursue claims vested in the trustee in bankruptcy, there was no evidence of disclaimer by the trustee, and the delay in appealing was not adequately explained. The High Court was correct to strike out the claims and award indemnity costs. The only arguable point was whether costs could be ordered for the period covered by legal aid without assessment under the Access to Justice Act 1999.

Citation
[2001] EWCA Civ 223
Parties
Applicant/claimant: Abdul-Ghaffar Khan-Ghauri (trading as Glam Homes); Respondent/defendant: Dunbar Bank PLC; Respondent/defendant: Kanter Jules Grangewoods (A Firm); Respondent/defendant: Westminster Properties Limited; Respondent/defendant: S & J Colefield Construction Limited; Respondent/defendant: Peter Mulcahey Estates Limited
Jurisdiction
England and Wales
Judgment Date
08 February 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal Out of Time From High Court Order
Outcome
Permission to appeal refused on all grounds except one; further hearing directed on costs order relating to period covered by Legal Aid Certificate.
Legal Topics
Appeal Out of Time, Bankruptcy and Vesting of Causes of Action, Costs Orders and Legal Aid, Striking Out Pleadings
Civil Procedure Bankruptcy Property Law Appeal Out of Time Bankruptcy and Vesting of Causes of Action Costs Orders and Legal Aid Striking Out Pleadings

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Parties

Abdul-Ghaffar Khan-Ghauri (trading as Glam Homes)

Applicant/claimant

Dunbar Bank PLC

Respondent/defendant

Kanter Jules Grangewoods (A Firm)

Respondent/defendant

Westminster Properties Limited

Respondent/defendant

S & J Colefield Construction Limited

Respondent/defendant

Peter Mulcahey Estates Limited

Respondent/defendant

Procedural Posture

Civil Appeal / Application for Permission to Appeal Out of Time From High Court Order

Legal Issues

  1. 1 Whether permission to appeal out of time should be granted
  2. 2 Whether the applicant had standing to pursue claims vested in the trustee in bankruptcy
  3. 3 Whether the High Court erred in striking out the claims and awarding indemnity costs

Ratio Decidendi

The applicant had no standing to pursue claims vested in the trustee in bankruptcy, there was no evidence of disclaimer by the trustee, and the delay in appealing was not adequately explained. The High Court was correct to strike out the claims and award indemnity costs. The only arguable point was whether costs could be ordered for the period covered by legal aid without assessment under the Access to Justice Act 1999.

Court Disposition

Permission to appeal refused on all grounds except one; further hearing directed on costs order relating to period covered by Legal Aid Certificate.

Orders

  • Application for permission to appeal refused except on the single point relating to costs during legal aid period.
  • Further hearing directed limited to the legal aid costs issue, with notice to the bank.