Michael v The Official Receiver

Michael v The Official Receiver

There is a properly arguable point as to the fairness of the hearing before the Chief Registrar on grounds of predetermination or apparent bias, providing a compelling reason for a second appeal.

Parties
Applicant/appellant: Spencer Michael; Respondent: The Official Receiver
Jurisdiction
England and Wales
Judgment Date
11 April 2014
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal (second Appeal)
Outcome
Permission to appeal granted
Legal Topics
Bankruptcy Restrictions Order, Apparent Bias, Predetermination, Fair Hearing
Bankruptcy Civil Procedure Bankruptcy Restrictions Order Apparent Bias Predetermination Fair Hearing

Case Brief

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Parties

Spencer Michael

Applicant/appellant

The Official Receiver

Respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal (second Appeal)

Legal Issues

  1. 1 Whether the hearing before the Chief Registrar was fair
  2. 2 Whether the Chief Registrar was biased or had a closed mind
  3. 3 Whether the apparent bias or predetermination test applies

Ratio Decidendi

There is a properly arguable point as to the fairness of the hearing before the Chief Registrar on grounds of predetermination or apparent bias, providing a compelling reason for a second appeal.

Court Disposition

Permission to appeal granted

Orders

  • Permission to appeal is granted to the applicant