Ebele Muorah v Secretary of State for Housing Communities and Local Government & Anor

Ebele Muorah v Secretary of State for Housing Communities and Local Government & Anor

The appeal must be struck out because the cause of action vested in the trustee in bankruptcy upon the appellant's bankruptcy, and was not assigned back to her; pursuing the appeal is an abuse of process as she no longer owns the cause of action.

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
Appeal Under Section 289 Town and Country Planning Act 1990 / Judgment on Application to Strike Out Appeal
Outcome
Appeal struck out as abuse of process due to lack of standing.
Legal Topics
Enforcement Notice Appeal, Bankruptcy and Vesting of Property, Abuse of Process, Certificate of Lawfulness of Existing Use or Development
Planning Law Insolvency Law Enforcement Notice Appeal Bankruptcy and Vesting of Property Abuse of Process Certificate of Lawfulness of Existing Use or Development

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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

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

Legal Issues

  1. 1 Whether the appellant retains standing to pursue an appeal after bankruptcy and vesting of property in trustee
  2. 2 Whether the appeal is an abuse of process when the cause of action is vested in the trustee in bankruptcy
  3. 3 Whether the inspector failed to consider material considerations in the enforcement notice appeal

Ratio Decidendi

The appeal must be struck out because the cause of action vested in the trustee in bankruptcy upon the appellant's bankruptcy, and was not assigned back to her; pursuing the appeal is an abuse of process as she no longer owns the cause of action.

Court Disposition

Appeal struck out as abuse of process due to lack of standing.

Orders

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