Ebert v Official Receiver [2001] EWCA Civ 708 (11 May 2001)

Ebert v Official Receiver [2001] EWCA Civ 708 (11 May 2001)

Mrs Ebert's application for permission to appeal was refused because she had no cause of action to set aside the debt, was subject to a Grepe v Loam order, and was not entitled to an oral hearing under the procedural restrictions imposed by previous orders.

Citation
[2001] EWCA Civ 708
Parties
Applicant: Devorah Ebert; Respondent: Official Receiver
Jurisdiction
England and Wales
Judgment Date
11 May 2001
Procedural Posture
Appeal / Application for Permission to Appeal
Outcome
Application for permission to appeal refused
Legal Topics
Abuse of Process, Vexatious Litigation, Possession Orders, Grepe V Loam Orders
Bankruptcy Civil Procedure Abuse of Process Vexatious Litigation Possession Orders Grepe V Loam Orders

Case Brief

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Parties

Devorah Ebert

Applicant

Official Receiver

Respondent

Procedural Posture

Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether Mrs Ebert is entitled to set aside previous orders for abuse of process, forgery, and perjury
  2. 2 Whether Mrs Ebert is entitled to challenge the Midland Bank judgment
  3. 3 Whether Mrs Ebert was entitled to an oral hearing before Neuberger J

Ratio Decidendi

Mrs Ebert's application for permission to appeal was refused because she had no cause of action to set aside the debt, was subject to a Grepe v Loam order, and was not entitled to an oral hearing under the procedural restrictions imposed by previous orders.

Court Disposition

Application for permission to appeal refused

Orders

  • Copy of transcript to be provided to Mrs Ebert at public expense