McKay v Titley

McKay v Titley

There was no real prospect of success on appeal as the judge exercised proper discretion in refusing an adjournment, Mrs McKay lacked standing to seek removal of the trustee or disclosure under the relevant insolvency rules, and the trustee had already obtained his release, rendering the application academic.

Parties
Applicant/appellant: Christine McKay; Respondent/defendant: John Titley (Trustee in Bankruptcy of Christine McKay)
Jurisdiction
England and Wales
Judgment Date
14 June 2004
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
application for permission to appeal refused
Legal Topics
Removal of Trustee in Bankruptcy, Adjournment, Standing, Disclosure of Third Party Funding, Costs
Bankruptcy Civil Procedure Removal of Trustee in Bankruptcy Adjournment Standing Disclosure of Third Party Funding Costs

Case Brief

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Parties

Christine McKay

Applicant/appellant

John Titley (Trustee in Bankruptcy of Christine McKay)

Respondent/defendant

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the judge erred in refusing an adjournment and not hearing the case in a more convenient location
  2. 2 Whether the application should have been dismissed due to the respondent's non-attendance
  3. 3 Whether Mrs McKay had standing to seek removal of the trustee and disclosure of third party funding

Ratio Decidendi

There was no real prospect of success on appeal as the judge exercised proper discretion in refusing an adjournment, Mrs McKay lacked standing to seek removal of the trustee or disclosure under the relevant insolvency rules, and the trustee had already obtained his release, rendering the application academic.

Court Disposition

application for permission to appeal refused

Orders

  • Application refused
  • Copy of transcript to be sent to Mrs McKay at public expense