Litigation Finance Ltd -v- Lehane [2016] IEHC 527 (03 October 2016)

Litigation Finance Ltd -v- Lehane [2016] IEHC 527 (03 October 2016)

Applicant failed to provide sufficient particulars of the claims, their nature, or value, and did not establish an interest within the meaning of s. 61(7); therefore, lacks standing to bring the application and the motion is refused.

Citation
[2016] IEHC 527
Parties
Applicant: Litigation Finance Limited; Respondent (official Assignee): Christopher Lehane
Jurisdiction
Ireland
Judgment Date
03 October 2016
Procedural Posture
Bankruptcy Application / High Court Judgment on Motion for Assignment of Chose in Action
Outcome
Application refused for lack of standing.
Legal Topics
Assignment of Claims, Standing (locus Standi), Choses in Action, Section 61(7) Bankruptcy Act 1988
Bankruptcy Insolvency Litigation Finance Assignment of Claims Standing (locus Standi) Choses in Action Section 61(7) Bankruptcy Act 1988

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Parties

Litigation Finance Limited

Applicant

Christopher Lehane

Respondent (official Assignee)

Procedural Posture

Bankruptcy Application / High Court Judgment on Motion for Assignment of Chose in Action

Legal Issues

  1. 1 Does the applicant have standing under s. 61(7) of the Bankruptcy Act 1988 to seek assignment of claims?
  2. 2 Is the applicant's offer sufficient to establish an interest under s. 61(7)?
  3. 3 Should the Official Assignee be ordered to assign the chose in action to the applicant?

Ratio Decidendi

Applicant failed to provide sufficient particulars of the claims, their nature, or value, and did not establish an interest within the meaning of s. 61(7); therefore, lacks standing to bring the application and the motion is refused.

Court Disposition

Application refused for lack of standing.

Orders

  • No order for assignment of chose in action.
  • Applicant may renew application if sufficient information is provided.