TayTime Limited v Secretary of State for Levelling Up, Housing and Communities & Ors
[2024] EWHC 1053 (Admin)
Ebele Muorah v Secretary of State for Housing Communities and Local Government & Anor
17 February 2023
[2023] EWHC 285 (Admin)
High Court
Ms Muorah appealed a planning decision, but went bankrupt. The right to appeal then transferred to her bankruptcy trustee, who didn't do anything. Because she tried to appeal without the right, the court stopped her appeal, meaning the original decision stands.
Key Facts
- •Ebele Muorah appealed against the Secretary of State's dismissal of her appeal against an enforcement notice (section 289, Town and Country Planning Act 1990).
- •Ms Muorah was declared bankrupt on July 28, 2021.
- •Her trustee in bankruptcy disclaimed her interest in the property (154A Harlesden Road) on June 22, 2022.
- •The appeal concerned an enforcement notice requiring the cessation of use as two flats and demolition of a canopy and door.
- •The grounds of appeal were that the inspector failed to consider a material consideration (CLEUD Appeal Decision Letter) and failed to consider the impact of removing kitchen facilities on the use of the premises as a C4 House in Multiple Occupation.
Legal Principles
Right to appeal against enforcement notice under section 289 TCPA 1990 is restricted to those with an interest in the land.
Town and Country Planning Act 1990
A bankrupt's estate vests in the trustee immediately on appointment (Insolvency Act 1986).
Insolvency Act 1986
Starting proceedings knowing the cause of action vests in another is an abuse of process.
Pickthall v. Hill Dickinson [2009] EWCA Civ 543
Actions commenced after a cause of action vests in a trustee in bankruptcy can be regularised by joinder of the trustee or assignment.
Pathania v. Adedeji and others [2014] EWCA (Civ) 681
Outcomes
Appeal struck out.
Ms Muorah's bankruptcy caused her cause of action to vest in her trustee in bankruptcy, who did not assign it. Therefore, continuing the appeal was an abuse of process.
Similar Cases
Brake and another v The Chedington Court Estate Ltd
[2023] UKSC 29
Ian Caldwell & Anor v The Secretary of State for Levelling-Up, Housing and Communities & Anor
[2023] EWHC 2053 (Admin)
Arvindar Singh (as trustee in bankruptcy of Mrs Angela Garcha) v Angela Garcha & Ors
[2024] EWHC 1844 (Ch)
Sunset Limited & Anor v Abdulla Al-Hindi
[2023] EWHC 2443 (Ch)