Booth -v- Viscount (En desastre) [2016] JRC 086 (19 April 2016)

The Viscount's decision not to pursue or assign the three litigation claims was reasonable and within her discretion; assignment of claims already in litigation is prohibited by the Code of 1771, and the Court cannot direct the Viscount to act contrary to statute.

Citation: [2016] JRC 086
Parties: Representor: Booth; Respondent: The Viscount
Jurisdiction: Jersey
Judgment Date: 19 April 2016
Procedural Posture: Representation in Bankruptcy (désastre) Proceedings / Application to Review Viscount's Decisions Regarding Litigation and Assignment of Claims
Outcome: Application dismissed
Legal Topics: Assignment of Claims, Discretion of Bankruptcy Officer, Wednesbury Unreasonableness, Maintenance and Champerty

Insolvency Bankruptcy Civil Procedure Assignment of Claims Discretion of Bankruptcy Officer Wednesbury Unreasonableness Maintenance and Champerty

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Parties

Booth

Representor

The Viscount

Respondent

Procedural Posture

Representation in Bankruptcy (désastre) Proceedings / Application to Review Viscount's Decisions Regarding Litigation and Assignment of Claims

Legal Issues

1 Whether the Viscount's decision not to pursue or assign three litigation claims was unreasonable
2 Whether the assignment of claims in litigation is prohibited by the Code of 1771

Ratio Decidendi

Court Disposition

Application dismissed

Orders

The Court upholds the Viscount's decision not to pursue or assign the three litigation claims.
No direction to assign claims to the Representor.