Cowey v Insol Funding Ltd

Cowey v Insol Funding Ltd

The appellant has no locus standi to appeal as the property and interests in question are vested in the Official Receiver as Trustee in Bankruptcy, who did not oppose the relief sought. Only the Trustee may appeal, and the appellant's arguments on substance cannot be entertained.

Parties
Appellant/defendant: Cowey; Respondent/claimant: Insol Funding Ltd
Jurisdiction
England and Wales
Judgment Date
05 July 2012
Procedural Posture
Civil Appeal / Judgment on Preliminary Objection to Standing
Outcome
Appeal dismissed
Legal Topics
Bankruptcy, Equitable Charges, Locus Standi, Appeals
Insolvency Property Law Bankruptcy Equitable Charges Locus Standi Appeals

Case Brief

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Parties

Cowey

Appellant/defendant

Insol Funding Ltd

Respondent/claimant

Procedural Posture

Civil Appeal / Judgment on Preliminary Objection to Standing

Legal Issues

  1. 1 Whether the appellant has locus standi to appeal a judgment relating to property vested in the Official Receiver as Trustee in Bankruptcy
  2. 2 Whether the appellant can challenge the costs order

Ratio Decidendi

The appellant has no locus standi to appeal as the property and interests in question are vested in the Official Receiver as Trustee in Bankruptcy, who did not oppose the relief sought. Only the Trustee may appeal, and the appellant's arguments on substance cannot be entertained.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed for lack of standing
  • Declaration and costs order below stand