Zurich Insurance v Clarke [2002] EWCA Civ 776 (9 May 2002)

Zurich Insurance v Clarke [2002] EWCA Civ 776 (9 May 2002)

Permission to appeal was refused because the bankruptcy order was made on an unchallengeable judgment debt, there was no viable cross-claim or set-off, and no legal or procedural basis existed to challenge the order; Article 6 and judicial independence arguments did not affect the outcome.

Citation
[2002] EWCA Civ 776
Parties
Petitioner: Zurich Insurance; Respondent/applicant: John Clarke
Jurisdiction
England and Wales
Judgment Date
09 May 2002
Procedural Posture
Bankruptcy Appeal / Renewed Application for Permission to Appeal
Outcome
Application for permission to appeal refused
Legal Topics
Bankruptcy Order, Appeal Out of Time, Judgment Debt, Counterclaim/set Off, Article 6 ECHR, Judicial Independence, Assignment of Causes of Action in Bankruptcy
Insolvency Civil Procedure Human Rights Bankruptcy Order Appeal Out of Time Judgment Debt Counterclaim/set Off Article 6 ECHR +2 more

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Parties

Zurich Insurance

Petitioner

John Clarke

Respondent/applicant

Procedural Posture

Bankruptcy Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether permission to appeal against the dismissal of a bankruptcy appeal should be granted
  2. 2 Whether there was a viable cross-claim or set-off against the petition debt
  3. 3 Whether Article 6 ECHR or judicial independence issues affected the bankruptcy order

Ratio Decidendi

Permission to appeal was refused because the bankruptcy order was made on an unchallengeable judgment debt, there was no viable cross-claim or set-off, and no legal or procedural basis existed to challenge the order; Article 6 and judicial independence arguments did not affect the outcome.

Court Disposition

Application for permission to appeal refused

Orders

  • Application for permission to appeal refused
  • Directions hearing to be listed before a single Lord Justice with notice to the Official Receiver to determine whether pending appeals/applications should be struck out