Shepherd v the Official Receiver

Shepherd v the Official Receiver

Permission to appeal was refused because the applicant was attempting to re-litigate matters already decided, constituting an abuse of process, and the applications were totally without merit. The extended civil restraint order was justified due to persistent, meritless applications.

Parties
Applicant: Shepherd; Respondent: The Official Receiver
Jurisdiction
England and Wales
Judgment Date
28 April 2016
Procedural Posture
Civil Appeal / Renewed Oral Application for Permission to Appeal
Outcome
Permission to appeal refused
Legal Topics
Bankruptcy, Civil Restraint Orders, Judicial Review, Abuse of Process
Insolvency Civil Procedure Bankruptcy Civil Restraint Orders Judicial Review Abuse of Process

Case Brief

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Parties

Shepherd

Applicant

The Official Receiver

Respondent

Procedural Posture

Civil Appeal / Renewed Oral Application for Permission to Appeal

Legal Issues

  1. 1 Whether the applicant should be granted permission to appeal against dismissal of his application under section 303 of the Insolvency Act 1986
  2. 2 Whether the applicant should be granted permission to appeal against the extended civil restraint order

Ratio Decidendi

Permission to appeal was refused because the applicant was attempting to re-litigate matters already decided, constituting an abuse of process, and the applications were totally without merit. The extended civil restraint order was justified due to persistent, meritless applications.

Court Disposition

Permission to appeal refused

Orders

  • Applications refused