McGuire v Rose & Ors

McGuire v Rose & Ors

Permission to appeal is refused in relation to all orders of Master Teverson as the claims are either collateral attacks on previous judgments, statute barred, vested in the Trustee, or have no real prospect of success. Permission to appeal is granted only in relation to the order of District Judge Sparrow, as there is a real prospect of success in arguing that the judge misunderstood the factual findings and that a fuller investigation of the facts may alter the outcome, particularly regarding sales at undervalue and professional fees.

Parties
Claimant: McGuire; Defendants: Rose and Others
Jurisdiction
England and Wales
Judgment Date
10 October 2008
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Permission to appeal refused in relation to all orders of Master Teverson; permission to appeal granted in relation to the order of District Judge Sparrow.
Legal Topics
Summary Judgment, Bankruptcy Order, Trustee in Bankruptcy, Professional Fees, Sale at Undervalue, Testamentary Capacity, Collateral Attack, Remuneration Certificate
Bankruptcy Civil Procedure Probate Summary Judgment Bankruptcy Order Trustee in Bankruptcy Professional Fees Sale at Undervalue +3 more

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Parties

McGuire

Claimant

Rose and Others

Defendants

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether Mr McGuire has a real prospect of success in appeals against summary dismissal 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 property sales were improper or at undervalue

Ratio Decidendi

Permission to appeal is refused in relation to all orders of Master Teverson as the claims are either collateral attacks on previous judgments, statute barred, vested in the Trustee, or have no real prospect of success. Permission to appeal is granted only in relation to the order of District Judge Sparrow, as there is a real prospect of success in arguing that the judge misunderstood the factual findings and that a fuller investigation of the facts may alter the outcome, particularly regarding sales at undervalue and professional fees.

Court Disposition

Permission to appeal refused in relation to all orders of Master Teverson; permission to appeal granted in relation to the order of District Judge Sparrow.

Orders

  • Permission to appeal refused for appeals CH/2007/PTA/0371, CH/2007/PTA/0370, CH/2007/PTA/049, CH/2007/PTA/0372, CH/2007/PTA/0767, CH/2007/PTA/0511.
  • Permission to appeal granted for appeal CH/2008/PTA/0045.