McGuire v Rose & Ors [2008] EWHC 2754 (Ch) (10 October 2008)

McGuire v Rose & Ors [2008] EWHC 2754 (Ch) (10 October 2008)

Permission to appeal is refused in relation to all orders of Master Teverson because the claims are either collateral attacks on final judgments, statute-barred, or vested in the trustee in bankruptcy, and have no real prospect of success. Permission to appeal is granted only in relation to District Judge Sparrow's order, as there is a real prospect that a fuller investigation of the facts regarding sales at undervalue and professional fees could alter the outcome.

Citation
[2008] EWHC 2754 (Ch)
Parties
Claimant: Mike McGuire; Defendants: Rose and Others
Jurisdiction
England and Wales
Judgment Date
10 October 2008
Procedural Posture
Permission to Appeal Application / High Court (chancery Division) Decision on Permission to Appeal
Outcome
Permission to appeal refused for all Master Teverson's orders; granted for District Judge Sparrow's order.
Legal Topics
Summary Judgment, Bankruptcy Order, Trustee in Bankruptcy, Professional Negligence, Testamentary Capacity, Sale at Undervalue, Costs and Fees, Collateral Attack, Remuneration Certificate
Bankruptcy Probate Civil Procedure Summary Judgment Bankruptcy Order Trustee in Bankruptcy Professional Negligence Testamentary Capacity +4 more

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Parties

Mike McGuire

Claimant

Rose and Others

Defendants

Procedural Posture

Permission to Appeal Application / High Court (chancery Division) Decision on Permission to Appeal

Legal Issues

  1. 1 Whether Mr McGuire has a real prospect of success in appeals against summary dismissals of claims relating to his bankruptcy and his late sister's estate
  2. 2 Whether claims constitute collateral attacks on previous judgments
  3. 3 Whether professional fees and sales of estate assets were improper or at undervalue

Ratio Decidendi

Permission to appeal is refused in relation to all orders of Master Teverson because the claims are either collateral attacks on final judgments, statute-barred, or vested in the trustee in bankruptcy, and have no real prospect of success. Permission to appeal is granted only in relation to District Judge Sparrow's order, as there is a real prospect that a fuller investigation of the facts regarding sales at undervalue and professional fees could alter the outcome.

Court Disposition

Permission to appeal refused for all Master Teverson's orders; granted for District Judge Sparrow's order.

Orders

  • Permission to appeal refused in relation to appeals CH/2007/PTA/049, CH/2007/PTA/0370, CH/2007/PTA/0371, CH/2007/PTA/0372, CH/2007/PTA/0508, CH/2007/PTA/0511, CH/2007/PTA/0767.
  • Permission to appeal granted in relation to appeal CH/2008/PTA/0045 (District Judge Sparrow's order).