Khan v Hunt [2022] EWHC 1241 (Ch) (24 May 2022)

Khan v Hunt [2022] EWHC 1241 (Ch) (24 May 2022)

Repeated applications to set aside the DCC were barred by res judicata, as prior applications had been dismissed and appeals refused. Judge Livesey was properly authorised to sit in the County Court. The DCC was valid and formed a proper basis for the bankruptcy order. The making of a limited civil restraint order was within the judge's discretion given the history of totally without merit applications.

Citation
[2022] EWHC 1241 (Ch)
Parties
Appellant/defendant: Sabz Ali Khan; Respondent/claimant: Stephen John Hunt as Trustee in Bankruptcy of Abdul Reza Pakzad
Jurisdiction
England and Wales
Judgment Date
24 May 2022
Procedural Posture
Appeal / Renewed Oral Application for Permission to Appeal Orders of DDJ Regan (3 March 2021) and DJ Morgan (4 May 2021)
Outcome
Permission to appeal refused; applications dismissed.
Legal Topics
Default Costs Certificate, Bankruptcy, Res Judicata, Civil Restraint Orders, Jurisdiction of Judges, Detailed Assessment of Costs
Insolvency Civil Procedure Default Costs Certificate Bankruptcy Res Judicata Civil Restraint Orders Jurisdiction of Judges Detailed Assessment of Costs

Case Brief

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Parties

Sabz Ali Khan

Appellant/defendant

Stephen John Hunt as Trustee in Bankruptcy of Abdul Reza Pakzad

Respondent/claimant

Procedural Posture

Appeal / Renewed Oral Application for Permission to Appeal Orders of DDJ Regan (3 March 2021) and DJ Morgan (4 May 2021)

Legal Issues

  1. 1 Whether previous orders refusing to set aside the default costs certificate (DCC) precluded further challenges to the DCC
  2. 2 Whether Judge Livesey had jurisdiction to make the relevant order
  3. 3 Whether the bankruptcy order should be annulled given the status of the DCC

Ratio Decidendi

Repeated applications to set aside the DCC were barred by res judicata, as prior applications had been dismissed and appeals refused. Judge Livesey was properly authorised to sit in the County Court. The DCC was valid and formed a proper basis for the bankruptcy order. The making of a limited civil restraint order was within the judge's discretion given the history of totally without merit applications.

Court Disposition

Permission to appeal refused; applications dismissed.

Orders

  • Mr Khan's applications for permission to appeal the orders of DDJ Regan and DJ Morgan are dismissed.