Munday & Anor v Hilburn & Anor

Munday & Anor v Hilburn & Anor

There was no abuse of process because the defendants failed to prove the claimants had actual knowledge that the cause of action was not vested in them when proceedings were issued or continued. The annulment of bankruptcy cured the standing defect before trial, and the claim could proceed. The order striking out the claim was set aside.

Parties
Appellant/claimant: Kevin Munday; Appellant/claimant: Carolyn Munday; Respondent/defendant: Mr Hilburn; Respondent/defendant: Mr Fields
Jurisdiction
England and Wales
Judgment Date
17 December 2014
Procedural Posture
Civil Appeal (chancery Division, England & Wales) / Appeal From Order Striking Out Claim for Abuse of Process
Outcome
Appeal allowed; order striking out claim set aside; costs below and of appeal addressed as per judgment.
Legal Topics
Bankruptcy Annulment, Abuse of Process, Standing to Sue, Assignment of Causes of Action, Costs Orders
Insolvency Law Civil Procedure Bankruptcy Annulment Abuse of Process Standing to Sue Assignment of Causes of Action Costs Orders

Case Brief

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Parties

Kevin Munday

Appellant/claimant

Carolyn Munday

Appellant/claimant

Mr Hilburn

Respondent/defendant

Mr Fields

Respondent/defendant

Procedural Posture

Civil Appeal (chancery Division, England & Wales) / Appeal From Order Striking Out Claim for Abuse of Process

Legal Issues

  1. 1 Whether the claimants' action was an abuse of process due to lack of standing at commencement of proceedings
  2. 2 Whether annulment of bankruptcy retrospectively validated the claimants' standing
  3. 3 Whether knowledge of lack of standing is required for abuse of process under Pickthall v Hill Dickinson LLP

Ratio Decidendi

There was no abuse of process because the defendants failed to prove the claimants had actual knowledge that the cause of action was not vested in them when proceedings were issued or continued. The annulment of bankruptcy cured the standing defect before trial, and the claim could proceed. The order striking out the claim was set aside.

Court Disposition

Appeal allowed; order striking out claim set aside; costs below and of appeal addressed as per judgment.

Orders

  • Order of His Honour Judge Dight striking out the claim set aside.
  • Costs order below set aside; costs of application below reserved to County Court judge dealing with wasted costs application.