Muorah v Secretary of State for Housing Communities and Local Government & Anor [2023] EWHC 285 (Admin) (17 February 2023)

Muorah v Secretary of State for Housing Communities and Local Government & Anor [2023] EWHC 285 (Admin) (17 February 2023)

The appeal must be struck out because the cause of action vested in the trustee in bankruptcy and was not assigned to the appellant; pursuing the appeal is an abuse of process as the appellant lacks standing.

Citation
[2023] EWHC 285 (Admin)
Parties
Appellant: Ebele Muorah; First Respondent: Secretary of State for Housing Communities and Local Government; Second Respondent: London Borough of Brent
Jurisdiction
England and Wales
Judgment Date
17 February 2023
Procedural Posture
Section 289 Appeal Under Town and Country Planning Act 1990 / Judgment on Application to Strike Out Appeal
Outcome
Appeal struck out as abuse of process; appellant lacks standing.
Legal Topics
Enforcement Notice Appeal, Bankruptcy and Vesting of Property, Abuse of Process, Certificate of Lawfulness
Planning Law Insolvency Law Enforcement Notice Appeal Bankruptcy and Vesting of Property Abuse of Process Certificate of Lawfulness

Case Brief

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Parties

Ebele Muorah

Appellant

Secretary of State for Housing Communities and Local Government

First Respondent

London Borough of Brent

Second Respondent

Procedural Posture

Section 289 Appeal Under Town and Country Planning Act 1990 / Judgment on Application to Strike Out Appeal

Legal Issues

  1. 1 Whether the appellant has standing to pursue a section 289 TCPA 1990 appeal after bankruptcy
  2. 2 Whether the cause of action vests in the trustee in bankruptcy
  3. 3 Whether the appeal should be struck out as an abuse of process

Ratio Decidendi

The appeal must be struck out because the cause of action vested in the trustee in bankruptcy and was not assigned to the appellant; pursuing the appeal is an abuse of process as the appellant lacks standing.

Court Disposition

Appeal struck out as abuse of process; appellant lacks standing.

Orders

  • Appeal struck out.
  • Draft order and written submissions on consequential matters to be filed within 14 days.