Pattison v Messrs Clarksons & Steele [2001] EWCA Civ 1959 (13 December 2001)

Pattison v Messrs Clarksons & Steele [2001] EWCA Civ 1959 (13 December 2001)

There was no arguable basis for resisting the bankruptcy petition as the debt was due and owing, and the applicant's dissatisfaction with the consequences of bankruptcy does not constitute a ground for appeal. The views expressed by the District Judge after the order were irrelevant to the validity of the bankruptcy order.

Citation
[2001] EWCA Civ 1959
Parties
Claimant/applicant: Henry Michael Pattison; Defendant/respondent: Messrs Clarksons & Steele
Jurisdiction
England and Wales
Judgment Date
13 December 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal (second Tier)
Outcome
Application for permission to appeal refused
Legal Topics
Bankruptcy Order, Appeals Process, Vesting of Causes of Action in Trustee, Costs Orders
Insolvency Civil Procedure Bankruptcy Order Appeals Process Vesting of Causes of Action in Trustee Costs Orders

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Parties

Henry Michael Pattison

Claimant/applicant

Messrs Clarksons & Steele

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal (second Tier)

Legal Issues

  1. 1 Whether permission should be granted for a second-tier appeal against a bankruptcy order
  2. 2 Whether the applicant's cause of action against the respondent survives bankruptcy or vests in the trustee

Ratio Decidendi

There was no arguable basis for resisting the bankruptcy petition as the debt was due and owing, and the applicant's dissatisfaction with the consequences of bankruptcy does not constitute a ground for appeal. The views expressed by the District Judge after the order were irrelevant to the validity of the bankruptcy order.

Court Disposition

Application for permission to appeal refused

Orders

  • Application refused
  • Transcript of judgment to be provided at public expense