Arora & Anor v Stevenson [2001] EWCA Civ 1764 (16 November 2001)

Arora & Anor v Stevenson [2001] EWCA Civ 1764 (16 November 2001)

The application for permission to appeal was bound to fail as it did not raise any important point of principle or practice nor any compelling reason, and there was no evidence supporting Mrs Arora's claim to a beneficial interest in the property. The statutory requirements for a second appeal were not met.

Citation
[2001] EWCA Civ 1764
Parties
Applicant: Krishnan Kumar Arora; Applicant: Vijay Kumari Arora; Respondent: Michael Francis Stevenson
Jurisdiction
England and Wales
Judgment Date
16 November 2001
Procedural Posture
Civil Appeal (bankruptcy) / Application for Permission to Appeal (second Appeal)
Outcome
application for permission to appeal struck out unless cause shown within 14 days
Legal Topics
Trustee in Bankruptcy's Powers, Order for Sale of Property, Beneficial Interest in Property, Second Appeals, Section 335 a Insolvency Act 1986, Section 55(1) Access to Justice Act 1999
Bankruptcy Property Law Civil Procedure Trustee in Bankruptcy's Powers Order for Sale of Property Beneficial Interest in Property Second Appeals Section 335 a Insolvency Act 1986 +1 more

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Parties

Krishnan Kumar Arora

Applicant

Vijay Kumari Arora

Applicant

Michael Francis Stevenson

Respondent

Procedural Posture

Civil Appeal (bankruptcy) / Application for Permission to Appeal (second Appeal)

Legal Issues

  1. 1 Whether Mrs Arora should be granted permission to bring a second appeal against the order for sale of property under section 335A of the Insolvency Act 1986
  2. 2 Whether Mrs Arora has a beneficial interest in the property
  3. 3 Whether there are grounds satisfying section 55(1) of the Access to Justice Act 1999 for a second appeal

Ratio Decidendi

The application for permission to appeal was bound to fail as it did not raise any important point of principle or practice nor any compelling reason, and there was no evidence supporting Mrs Arora's claim to a beneficial interest in the property. The statutory requirements for a second appeal were not met.

Court Disposition

application for permission to appeal struck out unless cause shown within 14 days

Orders

  • Mrs Arora's application for permission to appeal is to be struck out as an abuse of process unless she applies within 14 days to show cause why it should not be struck out.
  • If such application is made, it is to be listed before a judge within seven days of the application date.