McGuire v Rose

McGuire v Rose

The application for extension of time and permission to appeal is adjourned to the full court on notice to the respondent, as the judge was not satisfied that the applicant had a properly arguable basis for appeal but considered it fairest for the full court to decide, given the complexity and volume of material.

Parties
Applicant/appellant: Michael McGuire; Respondent: Robert Rose
Jurisdiction
England and Wales
Judgment Date
16 March 2012
Procedural Posture
Civil Appeal / Renewed Application for Extension of Time and Permission to Appeal (second Appeal)
Outcome
Application for extension of time and permission to appeal adjourned to the full court on notice to the respondent.
Legal Topics
Bankruptcy, Extension of Time, Permission to Appeal, Trustee in Bankruptcy, Costs
Insolvency Civil Procedure Bankruptcy Extension of Time Permission to Appeal Trustee in Bankruptcy Costs

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Parties

Michael McGuire

Applicant/appellant

Robert Rose

Respondent

Procedural Posture

Civil Appeal / Renewed Application for Extension of Time and Permission to Appeal (second Appeal)

Legal Issues

  1. 1 Whether the applicant should be granted an extension of time for appealing
  2. 2 Whether permission to appeal should be granted for a second appeal under CPR Part 52.13
  3. 3 Whether the applicant has a real prospect of success in his claims regarding the sale of properties at undervalue, solicitor's fees, trustee's remuneration, and turning the deficiency into a surplus

Ratio Decidendi

The application for extension of time and permission to appeal is adjourned to the full court on notice to the respondent, as the judge was not satisfied that the applicant had a properly arguable basis for appeal but considered it fairest for the full court to decide, given the complexity and volume of material.

Court Disposition

Application for extension of time and permission to appeal adjourned to the full court on notice to the respondent.

Orders

  • Application adjourned to the full court with notice to the respondent.
  • Hearing to be listed before two Lords/Lady Justices, one with Chancery experience.