Booth v Viscount and Anor [2022] JRC 062 (08 March 2022)

Booth v Viscount and Anor [2022] JRC 062 (08 March 2022)

The Viscount's refusal to assign the cause of action to Mr Booth was within the range of reasonable responses, given that the claim was hopeless and would not benefit creditors. The Viscount is not required to assign causes of action to a discharged bankrupt, especially where the claim lacks merit and assignment would set an undesirable precedent.

Citation
[2022] JRC 062
Parties
Plaintiff: Mr Booth; First Defendant: The Viscount; Second Defendant: Reynolds Surveyors
Jurisdiction
Jersey
Judgment Date
08 March 2022
Procedural Posture
Bankruptcy / Insolvency Application for Assignment of Cause of Action / Judgment on Preliminary Issue: Whether the Viscount Should Assign/revest a Cause of Action in Negligence to the Discharged Bankrupt
Outcome
Application dismissed
Legal Topics
Assignment of Causes of Action, Discretion of Bankruptcy Trustee, Professional Negligence, Standing of Discharged Bankrupt, Judicial Review of Trustee Decisions
Insolvency Bankruptcy Civil Procedure Assignment of Causes of Action Discretion of Bankruptcy Trustee Professional Negligence Standing of Discharged Bankrupt Judicial Review of Trustee Decisions

Case Brief

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Parties

Mr Booth

Plaintiff

The Viscount

First Defendant

Reynolds Surveyors

Second Defendant

Procedural Posture

Bankruptcy / Insolvency Application for Assignment of Cause of Action / Judgment on Preliminary Issue: Whether the Viscount Should Assign/revest a Cause of Action in Negligence to the Discharged Bankrupt

Legal Issues

  1. 1 Whether the Viscount is required to assign/revest a cause of action in negligence to a discharged bankrupt
  2. 2 Whether the Viscount's refusal to assign the claim was within the range of reasonable responses
  3. 3 Whether the merits of the claim are a relevant consideration for the Viscount in deciding on assignment

Ratio Decidendi

The Viscount's refusal to assign the cause of action to Mr Booth was within the range of reasonable responses, given that the claim was hopeless and would not benefit creditors. The Viscount is not required to assign causes of action to a discharged bankrupt, especially where the claim lacks merit and assignment would set an undesirable precedent.

Court Disposition

Application dismissed

Orders

  • No direction to assign or revest the cause of action to Mr Booth
  • No order as to costs specified