Shepherd v Official Receiver

Shepherd v Official Receiver

There was no new or material evidence justifying interference with the Official Receiver's decision not to investigate or pursue the claim against the Legal Services Commission. The application under section 303 of the Insolvency Act 1986 did not meet the stringent test for court intervention. CPR 18 and Rule 7.60 were not applicable as there were no relevant proceedings on foot. The application was an attempt to relitigate matters already decided and served no useful purpose.

Parties
Appellant: Shepherd; Respondent: Official Receiver
Jurisdiction
England and Wales
Judgment Date
07 June 2007
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
application refused
Legal Topics
Bankruptcy, Trustee's Discretion, Judicial Review, Section 303 Insolvency Act, Requests for Further Information
Insolvency Civil Procedure Bankruptcy Trustee's Discretion Judicial Review Section 303 Insolvency Act Requests for Further Information

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Parties

Shepherd

Appellant

Official Receiver

Respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the Official Receiver's refusal to investigate or pursue a claim against the Legal Services Commission can be challenged under section 303 of the Insolvency Act 1986
  2. 2 Whether the court should order the Official Receiver to provide further information or clarification under CPR 18 or Insolvency Rule 7.60
  3. 3 Whether there was any new material justifying reconsideration of the Official Receiver's decision

Ratio Decidendi

There was no new or material evidence justifying interference with the Official Receiver's decision not to investigate or pursue the claim against the Legal Services Commission. The application under section 303 of the Insolvency Act 1986 did not meet the stringent test for court intervention. CPR 18 and Rule 7.60 were not applicable as there were no relevant proceedings on foot. The application was an attempt to relitigate matters already decided and served no useful purpose.

Court Disposition

application refused

Orders

  • Renewed application for permission to appeal refused.