Barnes v Woolwich Plc [2001] EWCA Civ 1122 (5 July 2001)

Barnes v Woolwich Plc [2001] EWCA Civ 1122 (5 July 2001)

There was no arguable basis for challenging the judgments of Registrar Baister, Blackburne J, or Hart J. The applications for permission to appeal were entirely without substance and bound to fail. The exercise of judicial discretion in refusing adjournment and relief was proper. The Grepe v Loam order was appropriate in the circumstances.

Citation
[2001] EWCA Civ 1122
Parties
Claimant/applicant: Peter Michael Barnes; Defendant/respondent: Woolwich PLC
Jurisdiction
England and Wales
Judgment Date
05 July 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal Orders of Blackburne J (8 June 2000) and Hart J (23 June 2000)
Outcome
Permission to appeal refused; applications dismissed.
Legal Topics
Statutory Demand, Bankruptcy Order, Possession Order, Grepe V Loam Order, Permission to Appeal, Adjournment, Trustee in Bankruptcy, Section 285 Insolvency Act 1986, Section 303 Insolvency Act 1986
Insolvency Bankruptcy Civil Procedure Statutory Demand Bankruptcy Order Possession Order Grepe V Loam Order Permission to Appeal +4 more

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 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Peter Michael Barnes

Claimant/applicant

Woolwich PLC

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal Orders of Blackburne J (8 June 2000) and Hart J (23 June 2000)

Legal Issues

  1. 1 Whether permission to appeal should be granted against the orders of Blackburne J and Hart J
  2. 2 Whether the refusal to adjourn or grant relief was erroneous or showed bias
  3. 3 Whether the Grepe v Loam order was appropriate

Ratio Decidendi

There was no arguable basis for challenging the judgments of Registrar Baister, Blackburne J, or Hart J. The applications for permission to appeal were entirely without substance and bound to fail. The exercise of judicial discretion in refusing adjournment and relief was proper. The Grepe v Loam order was appropriate in the circumstances.

Court Disposition

Permission to appeal refused; applications dismissed.

Orders

  • Applications for permission to appeal against the orders of Blackburne J and Hart J are dismissed.