Grant v Hayes

Grant v Hayes

The only claim Mr Hayes established against Mr Willoughby related to acts after June 2007, post-bankruptcy discharge, and thus did not vest in the Trustee; the injunction claim remained with Mr Hayes. Therefore, the Cambridge proceedings were not a nullity, and Mr Grant's claim stands no reasonable prospect of success.

Parties
Claimant: Stephen Paul Grant; Defendant: Timothy Francis Hayes
Jurisdiction
England and Wales
Judgment Date
11 July 2014
Procedural Posture
Civil / Summary Judgment Application
Outcome
Claim dismissed
Legal Topics
Standing, Abuse of Process, Harassment, Trustee in Bankruptcy, Summary Judgment
Bankruptcy Civil Procedure Tort Standing Abuse of Process Harassment Trustee in Bankruptcy Summary Judgment

Case Brief

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Parties

Stephen Paul Grant

Claimant

Timothy Francis Hayes

Defendant

Procedural Posture

Civil / Summary Judgment Application

Legal Issues

  1. 1 Whether Mr Hayes had standing to bring harassment proceedings against Mr Willoughby given his bankruptcy
  2. 2 Whether the Cambridge proceedings were a nullity due to lack of standing
  3. 3 Whether the cause of action for harassment vested in the Trustee in Bankruptcy or remained with Mr Hayes

Ratio Decidendi

The only claim Mr Hayes established against Mr Willoughby related to acts after June 2007, post-bankruptcy discharge, and thus did not vest in the Trustee; the injunction claim remained with Mr Hayes. Therefore, the Cambridge proceedings were not a nullity, and Mr Grant's claim stands no reasonable prospect of success.

Court Disposition

Claim dismissed

Orders

  • Summary judgment granted against the Claimant
  • Action dismissed