Booth (A.P.) v Viscount and Anor [2022] JCA 200 (10 October 2022)

Booth (A.P.) v Viscount and Anor [2022] JCA 200 (10 October 2022)

The Viscount is not required to disregard the merits of a claim when deciding whether to assign a cause of action to a debtor; rather, the Viscount is entitled and required to consider the merits. The Royal Court applied the correct legal test and was not wrong in holding that the Viscount acted reasonably in refusing to assign the claim to Mr Booth.

Citation
[2022] JCA 200
Parties
Appellant: Alan Paul Booth; First Respondent: The Viscount of the Royal Court of Jersey; Second Respondent: David O. Reynolds Limited, trading as Reynolds Chartered Surveyors
Jurisdiction
Jersey
Judgment Date
10 October 2022
Procedural Posture
Appeal / Judgment on Appeal From Royal Court
Outcome
Appeal dismissed
Legal Topics
Assignment of Causes of Action, Supervisory Jurisdiction Over Insolvency Officeholders, Bankruptcy Discharge, Vesting of Property in Bankruptcy, Reasonableness of Officeholder Decisions
Insolvency Bankruptcy Civil Procedure Assignment of Causes of Action Supervisory Jurisdiction Over Insolvency Officeholders Bankruptcy Discharge Vesting of Property in Bankruptcy Reasonableness of Officeholder Decisions

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Parties

Alan Paul Booth

Appellant

The Viscount of the Royal Court of Jersey

First Respondent

David O. Reynolds Limited, trading as Reynolds Chartered Surveyors

Second Respondent

Procedural Posture

Appeal / Judgment on Appeal From Royal Court

Legal Issues

  1. 1 Whether the Viscount is required to disregard the merits of a claim when deciding whether to assign a cause of action to a discharged bankrupt
  2. 2 Whether the Royal Court erred in holding the Viscount acted reasonably in refusing assignment
  3. 3 Whether the November 2016 Judgment precludes consideration of merits in assignment decisions

Ratio Decidendi

The Viscount is not required to disregard the merits of a claim when deciding whether to assign a cause of action to a debtor; rather, the Viscount is entitled and required to consider the merits. The Royal Court applied the correct legal test and was not wrong in holding that the Viscount acted reasonably in refusing to assign the claim to Mr Booth.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.