Winsor v Vale [2014] EWCA Civ 1125 (03 July 2014)

Winsor v Vale [2014] EWCA Civ 1125 (03 July 2014)

The appellant, having been made bankrupt, lacked standing to pursue the appeal; the trustee in bankruptcy's request to dismiss was valid and determinative. The Court of Appeal had no jurisdiction to entertain a challenge to the refusal of permission to appeal by Baker J. Any procedural errors in the form were immaterial to the outcome.

Citation
[2014] EWCA Civ 1125
Parties
Appellant: Robert Winsor; 2nd Defendant / Litigation Friend for P: David Vale; 1st Defendant: Roger Vale; Protected Party: A Protected Party (P) by her litigation friend David Vale
Jurisdiction
England and Wales
Judgment Date
03 July 2014
Procedural Posture
Appeal (court of Protection) / Application for Oral Hearing to Reconsider Order Dismissing Permission to Appeal
Outcome
Application for oral hearing to reconsider order dismissed; previous order confirmed.
Legal Topics
Appeals, Litigation Friend, Jurisdiction, Bankruptcy and Standing, Costs
Civil Procedure Court of Protection Bankruptcy Appeals Litigation Friend Jurisdiction Bankruptcy and Standing Costs

Case Brief

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Parties

Robert Winsor

Appellant

David Vale

2nd Defendant / Litigation Friend for P

Roger Vale

1st Defendant

A Protected Party (P) by her litigation friend David Vale

Protected Party

Procedural Posture

Appeal (court of Protection) / Application for Oral Hearing to Reconsider Order Dismissing Permission to Appeal

Legal Issues

  1. 1 Whether the appellant has standing to pursue the appeal after bankruptcy
  2. 2 Whether the trustee in bankruptcy's request to dismiss the appeal is valid
  3. 3 Whether the deputy master and Lord Justice McFarlane acted within jurisdiction in dismissing the application for permission to appeal

Ratio Decidendi

The appellant, having been made bankrupt, lacked standing to pursue the appeal; the trustee in bankruptcy's request to dismiss was valid and determinative. The Court of Appeal had no jurisdiction to entertain a challenge to the refusal of permission to appeal by Baker J. Any procedural errors in the form were immaterial to the outcome.

Court Disposition

Application for oral hearing to reconsider order dismissed; previous order confirmed.

Orders

  • Order of 24 March 2014 upheld; application dismissed.
  • Court to provide Mr Winsor with copies of notice B4/2013/1049, statutory form 254A, and covering letter from trustee in bankruptcy.