Winsor v Vale

Winsor v Vale

The trustee in bankruptcy had authority to withdraw the appeal, and the Court of Appeal lacked jurisdiction to entertain a challenge to refusal of permission to appeal; procedural errors in the form were immaterial.

Parties
Appellant: Robert Winsor; Respondent: David Vale; Respondent: Roger Vale; Respondent: P (a protected party) by her litigation friend David Vale
Jurisdiction
England and Wales
Judgment Date
03 July 2014
Procedural Posture
Civil Appeal / Application for Oral Hearing to Reconsider Order Dismissing Permission to Appeal
Outcome
application dismissed
Legal Topics
Appeals, Litigation Friend, Bankruptcy, Court of Protection, Inheritance (provision for Family and Dependants) Act 1975
Civil Procedure Family Law Mental Capacity Appeals Litigation Friend Bankruptcy Court of Protection Inheritance (provision for Family and Dependants) Act 1975

Case Brief

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Parties

Robert Winsor

Appellant

David Vale

Respondent

Roger Vale

Respondent

P (a protected party) by her litigation friend David Vale

Respondent

Procedural Posture

Civil Appeal / Application for Oral Hearing to Reconsider Order Dismissing Permission to Appeal

Legal Issues

  1. 1 Whether the appellant can pursue the appeal after bankruptcy
  2. 2 Whether the trustee in bankruptcy's request for dismissal was valid
  3. 3 Whether the procedural errors in form completion affect the outcome

Ratio Decidendi

The trustee in bankruptcy had authority to withdraw the appeal, and the Court of Appeal lacked jurisdiction to entertain a challenge to refusal of permission to appeal; procedural errors in the form were immaterial.

Court Disposition

application dismissed

Orders

  • Order of 24 March 2014 upheld
  • Mr Winsor to be provided with copies of notice B4/2013/1049, statutory form 254A, and covering letter dated 28 January 2014