Thorogood v Jones & Co (Trustee) [2002] EWCA Civ 826 (23 May 2002)

Thorogood v Jones & Co (Trustee) [2002] EWCA Civ 826 (23 May 2002)

There was no substantive basis for a stay of bankruptcy proceedings; the judge exercised his discretion properly; no grounds for appeal or adjournment were established.

Citation
[2002] EWCA Civ 826
Parties
Claimant/applicant: Robert Arthur William Thorogood; Defendant/respondent: Mark Jones & Co (Trustee)
Jurisdiction
England and Wales
Judgment Date
23 May 2002
Procedural Posture
Bankruptcy Appeal / Application for Permission to Appeal (court of Appeal)
Outcome
Applications refused
Legal Topics
Stay of Proceedings, Annulment of Bankruptcy, Judicial Discretion, Legal Representation, Human Rights in Bankruptcy
Insolvency Bankruptcy Stay of Proceedings Annulment of Bankruptcy Judicial Discretion Legal Representation Human Rights in Bankruptcy

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Parties

Robert Arthur William Thorogood

Claimant/applicant

Mark Jones & Co (Trustee)

Defendant/respondent

Procedural Posture

Bankruptcy Appeal / Application for Permission to Appeal (court of Appeal)

Legal Issues

  1. 1 Whether there was a basis for a stay of bankruptcy proceedings pending annulment application
  2. 2 Whether the applicant's human rights were infringed by public examination
  3. 3 Whether the applicant's lack of legal representation justified an adjournment

Ratio Decidendi

There was no substantive basis for a stay of bankruptcy proceedings; the judge exercised his discretion properly; no grounds for appeal or adjournment were established.

Court Disposition

Applications refused

Orders

  • Application for permission to appeal refused
  • Application for adjournment refused