Source: All England Reporter
Publisher Citation: [2002] All ER (D) 67 (Oct)
Court: Court of Appeal, Civil Division

Ward, Mummery and Jonathan Parker LJJ

Representation The husband appeared in person.
  Sally Mealing-McLeod (instructed by the Bar Pro Bono Unit) for the wife.
  Steven Thompson (instructed by Stephens & Co, Chatham) for the trustee in bankruptcy.
  Evan Price (instructed by Stevens & Bolton, Farnham) for a creditor.
Judgment Dates: 7 October 2002


Bankruptcy - Trustee in bankruptcy - Application for possession of bankrupts' property - Judge granting application in absence of bankrupts - Bankrupts applying to set aside judge's decision - Judge refusing bankrupts' application - Whether judge correct - CPR 39.3(5)(b), (c).

The Case

A judge's decision not to review a decision to grant an application by a trustee in bankruptcy under s14 of the could not be impeached since, in the instant case, there had been no evidence as to why the bankrupts had not attended the hearing. Accordingly, the judge had been bound to refuse the bankrupts' application as it could not satisfy the requirements of CPR39.5(b).

Practice Areas

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