Swycher v Vakil

Swycher v Vakil

Dr Vakil, having been declared bankrupt in Portugal, lost standing to pursue litigation relating to his assets, including the present appeals. The Portuguese bankruptcy order is recognised by the English court as final and conclusive, notwithstanding pending appeals, and the trustee has had opportunity to intervene. There is no prospect of success in challenging the order refusing standing.

Parties
Defendant/part 20 Claimant: Stuart Simon Swycher; Part 20 Defendant/part 20 Claimant by Counterclaim: Mohammed Iqbal Abdool Karim Ayub Vakil (Sued as Mohammed Iqbal Abdool Karim Vakil)
Jurisdiction
England and Wales
Judgment Date
18 March 2004
Procedural Posture
Civil Appeal / Application for Permission to Appeal and Related Applications
Outcome
Appeal dismissed; related appeals struck out; judgment for respondent confirmed.
Legal Topics
Recognition of Foreign Bankruptcy, Standing of Bankrupt to Litigate, Effect of Foreign Judgments, Appeal Procedure
Insolvency Conflict of Laws Civil Procedure Recognition of Foreign Bankruptcy Standing of Bankrupt to Litigate Effect of Foreign Judgments Appeal Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Stuart Simon Swycher

Defendant/part 20 Claimant

Mohammed Iqbal Abdool Karim Ayub Vakil (Sued as Mohammed Iqbal Abdool Karim Vakil)

Part 20 Defendant/part 20 Claimant by Counterclaim

Procedural Posture

Civil Appeal / Application for Permission to Appeal and Related Applications

Legal Issues

  1. 1 Whether Dr Vakil, declared bankrupt in Portugal, has standing to prosecute appeals in England
  2. 2 Whether the Portuguese bankruptcy declaration should be recognised by the English court
  3. 3 Whether the bankruptcy declaration is final and conclusive for English law purposes

Ratio Decidendi

Dr Vakil, having been declared bankrupt in Portugal, lost standing to pursue litigation relating to his assets, including the present appeals. The Portuguese bankruptcy order is recognised by the English court as final and conclusive, notwithstanding pending appeals, and the trustee has had opportunity to intervene. There is no prospect of success in challenging the order refusing standing.

Court Disposition

Appeal dismissed; related appeals struck out; judgment for respondent confirmed.

Orders

  • Application for permission to appeal (2003/1313) dismissed.
  • Appeals 2002/1050 and 1582 struck out for lack of standing.