Bailey v Dargue

Bailey v Dargue

Paragraph 8.13(1) of the Practice Direction to CPR Part 52 does not apply to insolvency appeals. The appeal lies to a judge of the High Court, and a Specialist Chancery Circuit Judge authorised under section 9(1) of the Supreme Court Act 1981 has jurisdiction to hear such appeals.

Source-derived case information.

Parties
Applicant/respondent: Maurice Herbert Bailey; Defendant/appellant: Stuart Russell Dargue
Jurisdiction
England and Wales
Judgment Date
04 November 2008
Procedural Posture
Insolvency Appeal / Preliminary Jurisdictional Ruling on Appeal
Outcome
Jurisdiction upheld; judge rules he has jurisdiction to hear the appeal.
Legal Topics
Jurisdiction of High Court Judges, Appeals in Insolvency Proceedings, Interpretation of Practice Directions, Section 9 Supreme Court Act 1981
Insolvency Law Civil Procedure Jurisdiction of High Court Judges Appeals in Insolvency Proceedings Interpretation of Practice Directions Section 9 Supreme Court Act 1981

Source-derived case record

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Parties

Maurice Herbert Bailey

Applicant/respondent

Stuart Russell Dargue

Defendant/appellant

Procedural Posture

Insolvency Appeal / Preliminary Jurisdictional Ruling on Appeal

Legal Issues

  1. 1 Whether a Specialist Chancery Circuit Judge authorised under section 9(1) of the Supreme Court Act 1981 has jurisdiction to hear an insolvency appeal from a County Court decision

Ratio Decidendi

Paragraph 8.13(1) of the Practice Direction to CPR Part 52 does not apply to insolvency appeals. The appeal lies to a judge of the High Court, and a Specialist Chancery Circuit Judge authorised under section 9(1) of the Supreme Court Act 1981 has jurisdiction to hear such appeals.

Court Disposition

Jurisdiction upheld; judge rules he has jurisdiction to hear the appeal.

Orders

  • The judge has jurisdiction to hear the insolvency appeal.