Cowey v Insol Funding Ltd [2012] EWHC 2421 (Ch) (05 July 2012)

Cowey v Insol Funding Ltd [2012] EWHC 2421 (Ch) (05 July 2012)

The appellant has no standing to appeal the substantive judgment or the costs order because the property interest is vested in the trustee in bankruptcy, and only the trustee may appeal. The appeal falls within the bar established by Heath v Tang and James v Rutherford-Hodge.

Citation
[2012] EWHC 2421 (Ch)
Parties
Appellant/defendant: Cowey; Respondent/claimant: Insol Funding Ltd
Jurisdiction
England and Wales
Judgment Date
05 July 2012
Procedural Posture
Appeal / Judgment on Preliminary Issue of Standing
Outcome
Appeal dismissed for lack of standing
Legal Topics
Bankruptcy, Equitable Charge, Standing to Appeal, Costs Orders
Insolvency Property Law Civil Procedure Bankruptcy Equitable Charge Standing to Appeal Costs Orders

Case Brief

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Parties

Cowey

Appellant/defendant

Insol Funding Ltd

Respondent/claimant

Procedural Posture

Appeal / Judgment on Preliminary Issue of Standing

Legal Issues

  1. 1 Whether the appellant has standing to appeal a judgment relating to property vested in the trustee in bankruptcy
  2. 2 Whether the costs order can be appealed by the appellant
  3. 3 Effectiveness of the 2007 equitable charge

Ratio Decidendi

The appellant has no standing to appeal the substantive judgment or the costs order because the property interest is vested in the trustee in bankruptcy, and only the trustee may appeal. The appeal falls within the bar established by Heath v Tang and James v Rutherford-Hodge.

Court Disposition

Appeal dismissed for lack of standing

Orders

  • Appeal dismissed including the costs element
  • Declaration as made stands