Best (A Bankrupt) [2025] NICh 3 (26 September 2025)

Best (A Bankrupt) [2025] NICh 3 (26 September 2025)

Leave to appeal is granted because there is an arguable case on the merits regarding the adequacy of the court's consideration of costs and funding arrangements in granting sanction to the trustee, and because the novel funding arrangements raise issues of public interest that warrant appellate consideration. The notice parties have standing to appeal as they were made parties by court direction and participated fully in the proceedings.

Citation
[2025] NICh 3
Parties
Applicant (proposed Respondent): Colin David Wilson (as Trustee in Bankruptcy of James Craig Best); Notice Party (proposed Appellant): Mary Aveen Best; Notice Party (proposed Appellant): Gemma Catherine Best; Notice Party (proposed Appellant): Christopher James Best; Notice Party (proposed Appellant): Sheena Margaret Best
Jurisdiction
Northern Ireland
Judgment Date
26 September 2025
Procedural Posture
Application for Leave to Appeal (bankruptcy) / Leave to Appeal Against High Court Judgment (chancery Division)
Outcome
Leave to appeal granted to the notice parties on both merits and public interest grounds.
Legal Topics
Trustee Sanction, Third Party Litigation Funding, Conditional Fee Arrangements, Standing to Appeal, Supervisory Jurisdiction, Costs in Bankruptcy
Insolvency Bankruptcy Civil Procedure Trustee Sanction Third Party Litigation Funding Conditional Fee Arrangements Standing to Appeal Supervisory Jurisdiction +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Colin David Wilson (as Trustee in Bankruptcy of James Craig Best)

Applicant (proposed Respondent)

Mary Aveen Best

Notice Party (proposed Appellant)

Gemma Catherine Best

Notice Party (proposed Appellant)

Christopher James Best

Notice Party (proposed Appellant)

Sheena Margaret Best

Notice Party (proposed Appellant)

Procedural Posture

Application for Leave to Appeal (bankruptcy) / Leave to Appeal Against High Court Judgment (chancery Division)

Legal Issues

  1. 1 Whether leave to appeal should be granted against the High Court's grant of sanction to the trustee to pursue litigation, both retrospectively and prospectively, under Article 287(4) of the Insolvency (Northern Ireland) Order 1989
  2. 2 Whether the notice parties (proposed appellants) have standing to appeal as notice parties rather than respondents
  3. 3 Whether the funding arrangements (third-party funding and CFAs) are appropriate and lawful in the Northern Ireland bankruptcy context

Ratio Decidendi

Leave to appeal is granted because there is an arguable case on the merits regarding the adequacy of the court's consideration of costs and funding arrangements in granting sanction to the trustee, and because the novel funding arrangements raise issues of public interest that warrant appellate consideration. The notice parties have standing to appeal as they were made parties by court direction and participated fully in the proceedings.

Court Disposition

Leave to appeal granted to the notice parties on both merits and public interest grounds.

Orders

  • Leave to appeal granted to the notice parties (proposed appellants)
  • Extension of time for service of notice of appeal to fourteen days after this ruling