Muhammed v Robert & Anor [2014] EWHC 4800 (Ch) (18 June 2014)

Muhammed v Robert & Anor [2014] EWHC 4800 (Ch) (18 June 2014)

Ms. Muhammed is not entitled to permission to appeal out of time against the default judgment and subsequent orders because she has not demonstrated a real prospect of successfully defending the claim, has not acted promptly, and, following the bankruptcy order, only the trustee in bankruptcy has standing to challenge the underlying judgment.

Citation
[2014] EWHC 4800 (Ch)
Parties
Applicant: Bola Muhammed; First Respondent: Ian Robert (Trustee in bankruptcy of the estate of Bola Muhammed); Second Respondent: First Credit (Finance) Ltd.
Jurisdiction
England and Wales
Judgment Date
18 June 2014
Procedural Posture
Bankruptcy Appeal / Application for Permission to Appeal (and for Permission to Appeal Out of Time)
Outcome
Application refused.
Legal Topics
Default Judgment, Setting Aside Judgment, Assignment of Debt, Bankruptcy Order, Possession and Sale of Property, Appeal Out of Time
Insolvency Bankruptcy Civil Procedure Default Judgment Setting Aside Judgment Assignment of Debt Bankruptcy Order Possession and Sale of Property +1 more

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Parties

Bola Muhammed

Applicant

Ian Robert (Trustee in bankruptcy of the estate of Bola Muhammed)

First Respondent

First Credit (Finance) Ltd.

Second Respondent

Procedural Posture

Bankruptcy Appeal / Application for Permission to Appeal (and for Permission to Appeal Out of Time)

Legal Issues

  1. 1 Whether Ms. Muhammed should be granted permission to appeal against various orders including a default judgment, charging order, bankruptcy order, and possession order, out of time.
  2. 2 Whether there was a valid debt assigned to First Credit from Lloyds TSB Bank.
  3. 3 Whether Ms. Muhammed has a real prospect of successfully defending the claim.

Ratio Decidendi

Ms. Muhammed is not entitled to permission to appeal out of time against the default judgment and subsequent orders because she has not demonstrated a real prospect of successfully defending the claim, has not acted promptly, and, following the bankruptcy order, only the trustee in bankruptcy has standing to challenge the underlying judgment.

Court Disposition

Application refused.

Orders

  • Permission to appeal against the orders (including default judgment, charging order, bankruptcy order, possession and sale order, and warrant for possession) is refused.