McKay, R (on the application of) v Derby County Court & Ors [2002] EWCA Civ 1555 (18 October 2002)

McKay, R (on the application of) v Derby County Court & Ors [2002] EWCA Civ 1555 (18 October 2002)

There is no arguable basis for granting permission to appeal or for judicial review of the bankruptcy order, as the applicant has already pursued alternative remedies without success, and there is insufficient evidence of procedural irregularity or fraud to justify further relief or disclosure.

Citation
[2002] EWCA Civ 1555
Parties
Claimant/applicant: Christine McKay; Defendant/respondent: Derby County Court; Defendant/respondent: Mrs W Martin; Defendant/respondent: Mr Bradley Martin; Defendant/respondent: Mr David Bright
Jurisdiction
England and Wales
Judgment Date
18 October 2002
Procedural Posture
Judicial Review and Permission to Appeal / Application for Permission to Appeal (court of Appeal, Civil Division)
Outcome
Applications for permission refused
Legal Topics
Bankruptcy Order Challenge, Judicial Review of Court Orders, Procedural Irregularity, Disclosure of Documents
Civil Procedure Bankruptcy Judicial Review Bankruptcy Order Challenge Judicial Review of Court Orders Procedural Irregularity Disclosure of Documents

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Parties

Christine McKay

Claimant/applicant

Derby County Court

Defendant/respondent

Mrs W Martin

Defendant/respondent

Mr Bradley Martin

Defendant/respondent

Mr David Bright

Defendant/respondent

Procedural Posture

Judicial Review and Permission to Appeal / Application for Permission to Appeal (court of Appeal, Civil Division)

Legal Issues

  1. 1 Whether the bankruptcy order against the applicant is susceptible to judicial review
  2. 2 Whether there was procedural irregularity or lack of jurisdiction in the making of the bankruptcy order
  3. 3 Whether further disclosure regarding the events of 19 May 1999 should be ordered

Ratio Decidendi

There is no arguable basis for granting permission to appeal or for judicial review of the bankruptcy order, as the applicant has already pursued alternative remedies without success, and there is insufficient evidence of procedural irregularity or fraud to justify further relief or disclosure.

Court Disposition

Applications for permission refused

Orders

  • Applications for permission to appeal refused
  • Transcript of judgment to be supplied at public expense