Sands & Anor v Monem & Ors

Sands & Anor v Monem & Ors

The bankrupt has no standing to appeal as he has no economic interest in the outcome of the bankruptcy, and all parties with a real interest accept the order. Permission to appeal is refused.

Parties
Appellant: Mark Sands; Appellant: Richard Hill; Respondent: Hassam Mohammed Monem; Respondent: Asmaa Mohammed Elazeb Ahmed Monem
Jurisdiction
England and Wales
Judgment Date
30 July 2010
Procedural Posture
Bankruptcy Appeal / Application for Permission to Appeal
Outcome
permission to appeal refused
Legal Topics
Preference, Undervalue Transaction, Equitable Charge, Standing to Appeal, Costs
Insolvency Bankruptcy Preference Undervalue Transaction Equitable Charge Standing to Appeal Costs

Case Brief

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Parties

Mark Sands

Appellant

Richard Hill

Appellant

Hassam Mohammed Monem

Respondent

Asmaa Mohammed Elazeb Ahmed Monem

Respondent

Procedural Posture

Bankruptcy Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether permission to appeal should be granted to the bankrupt against an order setting aside property transfers as unlawful preferences
  2. 2 Whether the recipient was a secured creditor by virtue of an equitable charge
  3. 3 Whether the bankrupt has standing to appeal when he has no economic interest in the estate

Ratio Decidendi

The bankrupt has no standing to appeal as he has no economic interest in the outcome of the bankruptcy, and all parties with a real interest accept the order. Permission to appeal is refused.

Court Disposition

permission to appeal refused

Orders

  • Time for appealing extended to 13 May 2010
  • Permission to appeal refused